L  B 


UC-NRLF 

||{IIIIIIMIIIIII 

"'"'"■  "1 

$B    ED    bbb 

COMPILATION 


t 


J^a(^ 


LAWS    AND    DECISIONS 


COMMON    SCHOOL    SYSTEM 


List  of  State  Educational  Institutions 


GEORGIA. 


'  There  shall  be  a  thorough  system  of  common  schools  for  the  education 
uf  children  in  the  elementary  branc'ies  of  an  English  education  only,  as 
nearly  uniform  as  practicable,  the  expenses  of  which  shall  be  provid«^d  for 
by  taxation,  or  otherwise.  Tie  schools  shall  b.?  free  to  all  children  of  the 
State,  but  separate  schools  will  be  provided  for  the  white  and  colored 
races."— Constitution  of  State  of  Georgia,  Article  viii,  Section-  t. 


ATLANTA.  GA. 

Geo.  W.  Harbtson,  State  Printer 

K\NKMN  Printing  and  FiiBi,if«u: 

1906 


r~" 


GIFT  or 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/compilationofl1906georrich 


COMPILATION 


AWS    AND    DECISIONS 


RELATING   TO    THE 


'COMMON    SCHOOL    SYSTEM 


AND 


List  of  State  Educational  Institutions 


GEOROI  A 


There  shall  be  a  thorough  system  of  common  schools  for  the  education 
children  in  the  elementary  branches  of  an  English  education  only,  as 
irly  uniform  as  practicable,  the  expenses  of  which  shall  be  provided  for 
taxation,  or  otherwise.  The  schools  shall  b?  free  to  all  children  of  the 
!,  but  separate  schools  will  be  provided  for  the  white  and  colored 
—Constitution  of  State  op  Georgia,  Article  viii,  Section  i. 


10(Kj 


ATLANTA.  GA. 

Geo.  w,  Harrison.  State  Printer. 

The  Franklin  Printing  and  Publishing  Co. 

1906 


V 


e> 


ia 


li/iahr 


(^ 


^ 


^O 


For  every  pound  you  save  in  education,  you  will  spend  five  in  prosecu- 
:j  ns,  in  prisons,  in  penal  settlements." — I.ord  Macaulay. 


TABLE  OF  CONTENTS. 


IIL- 
^         IV.— 


XV. 

XVI. 

XVII. 

XVIII. 


State  Board  of  Education. 

State  School  Commissioner. 

County  Board  of  Education. 

County  School  Commissioner. 

Financial. 

Long  Term  Schools. 

County  Institutes. 

Examination  of  Applicants  for  License  to  Teach. 

School  Census. 

Miscellaneous. 

Uniform  Text-book  Law. 

Local  Tax  Law. 

Child  Labor  Law  and  State  Reformatory  Law. 

Extracts  from  Decisions  and  Instructions  of  State 

.School  Commissioners. 
Extracts  from  Decisions  of  State  Board  of  Education. 
Extracts  from  Opinions  of  Attorneys-General. 
Extracts  from  Decisions  of  Supreme  Court. 
List  of  State  Educational  Institutions. 


Among  the  duties  of  parents  to  their  children  is  that  of  giving  them  an 
education,  suitable  to  their  situation  in  life  ;  a  duty  pointed  out  by  reason 
as  of  the  greatest  importance.  For,  as  Puflfendorf  well  observed,  it  is  not 
easy  to  imagine  or  allow  that  a  parent  has  conferred  any  considerable 
benefit  upon  his  child  by  bringing  him  into  the  world  ;  if  he  afterwards 
entirely  neglects  to  culture  his  education,  and  suffer  him  to  grow  up  like  a 
mere  beast  to  lead  a  life  useless  to  others  and  shameless  to  himself." — 
Sir  William  Blackstone. 


38 1 1 9G 


SCHOOL  LAWS. 


PART  I. 

STATE  BOARD  OF  EDUCATION. 

in  'mbers. 

I  [Section  i  .  Be  it  enacted  by  the  General  Assembly  of  the 
:ate  of  Georgia,  and  it  is  hereby  enacted  by  authority  of  the  ^^^^^  ^^'^^ 
nie,  That  the  Governor,  the  Attorney-General,  the  Secretary  '^• 
State,  the  Comptroller-General,  and  the  State  School  Com- 
(issioner  shall  constitute  the  Georgia  State  Board  of  Educa- 
on.  Of  this  Board  the  Governor  shall  be  ex  officio  President, 
I  id  the  State  School  Commissioner  the  chief  executive  officer. 
jhe  Clerk  of  the  State  School  Commissioner,  as  hereinafter 
tovided  for,  shall  be  the  Clerk  of  the  State  Board  of  Educa- 
pn.  He  shall  be  the  custodian  of  its  records,  papers,  and 
iects,  and  keep  minutes  of  its  proceedings,  and  said  records, 
]  apers,  and  minutes  shall  be  kept  in  the  office  of  the  Commis- 
sioner, and  shall  be  open  to  inspection. 

r  fee  t  i  ng^— (Quorum  • 

■  r  Sfx.   2.     That  the  said  Board  shall  meet,  upon  the  call  of  its 
^'resident  or  a  majority  of  its  members,  at  the  office  of  the  Acts  of 
State  School   Commissioner  at  the  Capitol,  or  at  such  other  es.  '^^^^ 
])lace  as  may  be  designated  in  the  call.     A  majority   of   the 
ard  shall  constitute  a  quorum  for  transacting  business. 


r 


Oonutionst  for  educational  purposes. 

Sec.  3.     That  said   Board  may  take  and  hold,  to  it  and  its 
fuccessors,  in  trust  for  the  State,  any  grant  or  devise  of  lands,  f^l'^^age 
m:  any  donation  or  bequest  of  money,  or  other   personal  prop-*"^' 
pty,  made  to  it  for  educational  purposes,  and  shall  forthwith 
place  in  the  hands  of  the  Treasurer  of  the  State  for  safe-keep- 
ing all  moneys  and  personal  property  so  received,  and  titles  to 


u 


6  Compilation  of  Common  School  Laws. 

land ,  taking  therefor  a  receipt  from  said  officer.  When  it  is 
evidently  the  intention  of  the  donor  or  devisor  that  the  corpus 
of  moneys  thus  received  is  not  to  be  used,  the  General  Assem- 
bly may,  from  time  to  time,  invest  said  moneys  in  the  name  of 
the  State  ;  provided^  tlmt  all  moneys  obtained  under  this  section , 
together  with  the  profits  accruing  from  investment,  shall  be 
subject  to  use  only  for  educational  purposes.  The  Treasurer 
of  the  State  shall  pay  to  the  order  of  the  Board  the  income  or 
principal  thereof  as  said  Board  may,  from  time  to  time,  require 
in  pursuance  of  law,  but  no  disposition  of  any  devise,  donation 
or  bequest  shall  be  made  inconsistent  with  the  conditions  or 
tenor  of  the  devise,  donation  or  bequest.  For  the  faithful 
keeping  of  all  property  or  moneys  so  received  by  the  Treasurer, 
he  shall  be  responsible  upon  his  bond  to  the  State,  as  for  other 
funds  received  by  him  in  his  official  capacity. 

Seal. 

Sec.  4.     That  the  State  Board  of  Education  shall  procure  a 
188?!  page  suitable  seal,  which  shall  be  used  for  the  authentication  of  the 
acts  of  the   Board  and  the  important  acts  of  the  State  School 
Commissioner. 

Advisory  body— bears  appeals  from  decisions  of  State  Scbool  Com> 
missioner. 

Sec.  5.     That  the  State  Board  of  Education  shall  constitute 
Acts  of      an  advisory  body,  with  whom  the  State  School   Commissioner 

1887,  page  . 

69  shall  have  the  right  to  consult  when  he  is  in  doubt  as  to  his 

official  duty  ;  and  also  a  body  in  the  nature  of  a  court  to  which 
appeals  shall  be  made  from  the  decision  of  the  State  School 
Commissioner  upon  any  question  touching  the  construction  or 
administration  of  the  school  laws;  and  the  decision  of  the 
State  Board,  when  rendered,  shall  be  final  and  conclusive  upon 
the  matter  in  issue.  Appeals  to  the  State  Board  must  be  made 
through  the  County  Commissioner  in  writing,  and  must  dis- 
tinctly set  forth  the  question  at  law,  as  well  as  the  facts,  in  the 
case  upon  which  the  appeal  is  taken.  Upon  any  question  in- 
volving the  construction  or  administration  of  the  school  laws, 


School  Laws. 


t  le   concurrence  of    a  majority  of  the  whole    Board   shall  be 
1  ecessary  in  order  to  give  validity  to  the  decision. 


tot 


Additional  Duties  of  State   Board  of  Education . 


As  State  Schoolbook  Commission,  State  Board  is  required  to 
elect  text-books  for  the  common  schools  of  the   State.     (See 


XI 


i-) 


Acts  of 


Computation  of  Common  School  Laws. 


PART  II. 

STATE    SCHOOL    CO.IIMISSIONEK. 

£:ieCtioii— cliargred.  Avith  adniiiiisirutioii  of  school  la^v  and  superin- 
tendence of  common  school  affairs. 

Section  i.  There  shall  be  a  State  School  Commissioner 
elected  by  the  people  at  the  same  time  and  manner  as  the  Gov- 

1894,  page  emor  and  State-house  officers  are  elected,  whose  term  of  office 
shall  be  two  years  and  until  his  successor  is  elected  and  quali- 
fied. His  office  shall  be  at  the  seat  of  government  and  he  shall 
be  paid  a  salary  not  to  exceed  two  thousand  dollars  ($2,000)  per 
annum.  The  General  Assembly  may  substitute  for  the  State 
School  Commissioner  such  officer  or  officers  as  may  be  deemed 
necessary  to  perfect  the  system  of  public  education.  He  shall 
be  charged  with  the  administration  of  the  school  laws,  and  a 
general  superintendence  of  the  business  relating  to  the  common 

Acts  of       schools  of  the  State.     He  shall  prescribe  suitable  forms  for  the 

1887,  pagL'  .  ^ 

^9-  reports  required  of  subordinate  school  officers  and   blanks    for 

their  guidance  in  transacting  their  official  business,  and  shall, 
from  time  to  time,  prepare  and  transmit  to  them  such  instruc- 
tions as  he  may  deem  necessary  for  the  faithful  and  efficient  ex- 
ecution of  the  school  laws,  and  by  whatsoever  is  thus  communi- 
cated to  them  shall  they  be  bound  to  govern  themselves  in  the 
discharge  of  their  official  duty  ;  provided^  nevertheless^  there 
shall  always  be  an  appeal  from  the  State  School  Commissioner 
to  the  State  Board  of  Education  as  hereinbefore  enacted. 

Some  specific  duties — contents  of  Annual  Report. 

Sec.  2.  That  it  shall  be  the  duty  of  the  State  School  Com- 
wsT^pige  t^^issioner  to  visit,  as  often  as  possible,  the.  several  counties  of 
the  State  for  the  purpose  of  examining  into  the  administration 
of  the  school  law  in  said  counties,  of  counseling  with  school 
officers,  of  delivering  popular  addresses,  of  inspecting  school 
operations,  and  of  doing  such  other  acts  as  he  may  deem  sub- 
servient to  the  interests  of  popular  education. 


9. 


Itate  School  commissioner. 

Sec.   3.     The  State  School  Commissioner  shall  see  that  the 
p'Oper  actions  provided  hV  law  are  brought  against   all  officers  f^i^^[  ^ 
ai  d  agents  of  the  system,  who  are  liable  to  the  same,  for  misap-  '^^ 

Iication  of  the  school  fund  or  other  cause. 
Sec.  4.     That  the  State  School  Commissioner  shall  make  an 
nnual  report  to  the  General  Assembly,  in  which   he  shall  pre- 
( nt  a  statement  of  the  condition  and  amount  of  all  funds  and 
)roperty  appropriated   to  the  purpose   of  public   education  ;  a 
atement  of  the  number  of  common  and  public  schools  of  the 
V  irious  g:rades,  in  the  State  ;  the  number  of  scholars  attending-  . 

o  1  J  o  Acts  or 

s  ch  schools  ;  their  sex,  color,  and  the  branches  taught ;  a  state-  If-'  P^^e 
1  ent  of  the  average  cost  per  scholar  of  instruction  under  the 
c  »mmon  school  system  in  each  county  ;  a  statement  of  the  plans 

I  or  the  management,  extension  and  improvement  of  the  com- 
lon  schools ;  a  statement  of  the  number  of  children  of  school 
fe  in  the  State,  with  as  much  accuracy  as  the  same  can  be  as- 
ptained  ;  also,  a  statement  of  the  number  of  private  schools 
ctid  colleges  of  the  different  kinds  in  the  State  ;  the  number  of 
I  upils  in  such  schools  or  colleges ;  their  sex,  the  branches 
ti.ught,  the  average  cost  of  tuition  per  scholar  in  said  schools 
a  id  colleges. 

Salary  and  expenses  of  office— oath. 

H'Sec.  5.  That  the  State  School  Commissioner  shall  be  enti- 
t  ed  to  receive  for  his  services  the  sum  of  two  thousand  dollars  Acts  of 
aanually  in  quarterly  installments.  All  his  necessary  traveling  tl  '  ^*^* 
expenses  incurred  in  the  performance  of  his  official  duties,  and 
i.ll  postage  and  other  expenses  absolutely  necessary  arising  in 
\  is  office,  shall  be  paid  by  the  State.  He  shall  also  be  entitled 
to  employ  one  clerk  to  aid  him  in  his  official  duties.  His  clerk 
shall  receive  an  annual  salary,  not  exceeding  twelve  hundred 
c  ollirs,  to  be  paid  quarterly.  The  salaries  and  other  expenses 
r  amed  in  this  section  shall  be  paid  out  of  the  State  school  fund 
on  executive  warrant.  It  shall  also  be  the  duty  of  said  Com- 
,«aQissioner  to  keep  an  itemized  account  of  all  expenses  connected 


10  Compilation  o:^  Common  School  Laws. 

^  with  his  department,  which  account  shall  be  audited  by  the 
State  Board  of  Education. 

Sec.  6.     That  before  entering  upon  the  discharge  of  his  of- 
188?! page   ficial  dutics,  the  said  Commissioner  shall  take  and  subscribe  to 
the  same  oath  required  of  other  officers  of  this  State. 

Additional  Ditties  of  State  School  Commissioner^ 

State  School  Commissioner  is  member  of  State  Board  of  Education 
(Part  1,  Sec.  1) ;  uses  seal  (Part  1,  Sec.4) ;  is  member  of  Geological  Board 
(Acts  of  1894,  page  111). 


i 


County  Board  of  Education.  11 

'  PART   III. 

COUNTY  BOAKJD  OF  EDUCATION. 

I  aeh  county  a  school  district. 

Section  i.     That  hereafter  each   and  every  county  in  the 
^tate  shall   compose  one  school  district,  and  shall    be  confided  fg^y^  page 
)  the  control   and  management  of  a    County   Board  of  Bdu-  '^' 
ition. 

•lection,  qualification  and  term   of  office    of  members  of  Connty 
Board  of  f^ducaiion— Compensation. 

Sec.  2.  That  the  grand  jury  of  each  county  (except  those 
( ounties  which  are  under  a  local  system)  in  this  State  shall  f^^g^^^g^ 
l|om  time  to  time  select  from  the  citizens  of  their  respective  ^^* 
( ounties  five  freeholders,  who  shall  constitute  the  County  Board 
f  Education.  Said  members  shall  be  elected  for  the  term  of 
kir  years,  and  shall  hold  their  offices  until  their  successors 
5  hall  be  elected  and  qualified  ;  provided^  however,  that  no  pub- 
lisher of  school-books,  nor  any  agent  for  such  publisher,  nor 
j.ny  person  who  shall  be  pecuniarily  interested  in  the  sale  of 
J  chool-books,  shall  be  eligible  for  election  as  member  of  any 
.Board  of  Education  or  as  County  School  Commissioner  of  any 
(!Ounty  in  this  State  ;  provided  further^  that  whenever  there  is 
in  a  portion  of  any  county  a  local  school  system  having  a  Board 
of  Education  of  its  own,  and  receiving  its  pro  rata  of  the  public  1^897 


Acts  of 


.school  fund  directly  from  the  State  School  Commissioner,  and  ^' 
Jiaving  no  dealings  whatever  with  the  County  Board  of  Educa- 
■lon,  then  the  members  of  the  County  Board  of  Education  of 
Hpch  county  shall  be  selected  from  that  portion  of  the  county 
f     dot  embraced  within  the  territory  covered  by  such  local  system 

See  Part  xiv,  Note   4. 
See  Part  xv,  Note  1. 

Sec.  3.     That  the  members  of  the  Board  of  Education   in 
each  county  shall  each  be  paid  a  per  diem  not  to   exceed   two  Acts  of 
dollars  for  each  day'«  actual  service  out  of  the  school  fund  ap-  87. 


pagfr 


page- 


n. 


12  Computation  of  Common   SchooIv  Laws. 

portioned  to  the  county  ;  and  their  accounts  for  service  shall 
be  submitted  for  approval  to  the  Ordinary  or  County  School 
Commissioner;  and  they  shall  not  receive  any  other  compensa- 
tion, such  as  exemption  from  road  and  jury  duty. 

Certification  ot*  election— removal  from  of  lice— vacancies. 

Sec.  4.  That  whenever  members  of  a  County  Board  are 
fssfpLe  ^l^cted  or  appointed  in  pursuance  of  the  provisions  of  the  above 
^^-  section,  it  shall  be  the  duty  of  the  Clerk  of  the  Superior  Court 

to  forward  to  the  State  School  Commissioner  a  certified  state- 
ment of  the  facts,  under  the  seal  of  the  court,  signed  officially  by 
him,  as  evidence  upon  which  to  issue  commissions,  and  the  cor- 
responding evidence  of  the  election  of  a  County  Commissioner 
shall  be  the  certified  statement  of  the  Secretary  pro  tern,  of  the 
meeting  of  the  Board  at  which  the  election  was  held.  Any  mem- 
ber or  members  of  the  County  Board  of  Education  shall  be  re- 
movable by  the  judges  of  the  Superior  Court  of  the  county,  on 
the  address  of  two- thirds  of  the  grand  jury,  for  inefficiency,  in- 
capacity, general  neglect  of  duty,  or  malfeasance  or  corruption 
in  office;  that  the  judge  of  the  Superior  Courts  of  this  State  shall 
have  the  power  to  fill  vacancies  by  appointment  in  the  County 
Boards  of  Education  for  the  counties  composing  their  respective 
judicial  circuits,  until  the  next  session  of  the  grand  juries  in 
and  for  said  counties,  when  said  vacancies  shall  be  filled  by 
said  grand  juries. 

St^e  Part  xiv,  Note  1. 
See  Part  xiv.  Note  2. 
See  Part  xvi',  Note  5- 

Officers — sessions. 

Sec.  5.  That  the  Board  of  Education  shall  elect  one  of  their 
Acts  of  number  President,  who  shall  serve  as  such  during  the  term  for 
72.  '  which  he  was  chosen  a  member  of  the    Board.     The   County 

School  Commissioner  shall  be  ex  officio  Secretary  of  the  Board. 
A  majority  of  the  Board  shall  constitute  a  quorum  for  the  trans- 
action of  lousiness.  It  shall  be  the  duty  of  said  Secretary  to  be 
present  at  the  meetings  of  the  Board,   and  to  record  in '  ^  book , 


County  Board  of  Education.  13 

^l  )  be  provided   for  the  purpose,  all  their  official  proceedings, 

^P^  'hich  shall  be  a  public  record  open   to  the  inspection  of  any 

'  erson  interested  therein,  and  all  such  proceedings,  when  so  re- 

It  orded,  shall  be  signed  by  the   President  and   countersigned  by 
t  he  Secretary. 


Note. — It  is  important  that  the  minutes  of  the  meetings  of  the  County 
Hoard  of  Education  should  be  kept  in  full. 


R 

II 


Sec.  6.     That  it  shall  be  the  duty  of  the  County  Board  of  Edu- 
ation   to  hold   regular  sessions  on  the  first  Tuesday   of    the  f^gy^ page 
nonth  succeeding  their  election,   and  each  three  months  there- 
ifter,  at   the  court-house  of  the  county  for   the  transaction  of 
lusiness  pertaining  to  the  public  schools,  with  power  to  adjourn  Amended 
Tom  time  to  time,  and  in  the  case  of  the  absence  of  the  Presi-  ^^^^>  P^se 
lent  or  Secretary,   they  may  appoint  one  of  their  own  number 
|o  serve  temporarily. 


9cbool  Sub-Districts— employment    off  teachers— ivritten    contracts 
ivitli  teachers— teachers'  reports— appointment  and  duties  of 

truNtees. 


Sec.  7.     That  the  County  Boards  shall  lay  off  their  counties 
into  sub-school   districts,  in  each  of  which  sub-school  districts  1^^'  p»8®" 

'  124. 

they  shall  establish  one  common  school  each  for  the  white  and 
colored  races  where  the  population  of  the  two  races  is  sufficient, 
which  schools  shall  be  as  near  the  center  of  the  sub-school  dis- 
tricts 'oS  can  conveniently  be  arranged,  reference  being  had  to 
any  school-house  already  erected,  and  population  of  said  sub- 
school  district,  and  to  the  location  of  white  and  colored  schools 
with  regard  to  contiguity  ;  provided^  however^  that  in  such  sub- 
school  districts  where  more  than  one  school  is  demanded,  then 
they  may  establish  one  or  more  additional  schools  in  such  sub- 
school  district ;  afid  provided  also^  that  whenever  it  becomes 
t roper  to  lay  off  new  sub-school  districts,  or  alter  the  boundaries 
f  those  already  laid  off,  the  said  Board  shall  have  full  power  to 
make  such  changes  as  the  public  necessities  may  require. 

See  Part  xii,  Sec.  L  See  Part  xiv,  Note  11. 

See  Part  xiv,  Note  6.  See  Part  xvii,  Note  7. 

je  Part  xiv.  Note  0. 


14  Computation  of  Common   SchooIv  Laws. 

Sec.  8.     The  said  County  Boards  are  also  empowered  to  em- 

1889^  pige  ploy  teachers  in  the  manner  hereinafter  pointed  out,  to  serve  in 

^"^'  the  schools  under  their  jurisdiction,  and  the  contracts  for  said 

service  shall  b'^  in   writing,  signed  in  duplicate   by  the  teacher 

on  his  own  behalf  and  by  the  County  School  Commissioner  on 

behalf  of  the  Board. 

Note. — A  large  number  of    the   misunderstandings  between   commis- 
sioners and  teachers  come  from   failure  to  make  contracts  in  writing. 

See  Part  xiv,  Note  8.  See  Part  xiv,  Note  12. 

See  Part  xiv,  Note  10. 

It  shall  be  the  duty  of  the  teachers  to  make  and  file  with  the 
^8?pLe  County  Commissioners  at  the  expiration  of  each  term  of  school, 
^''  a  full  and  complete  report  of  the  whole  number  of  scholars  ad- 

mitted to  the  school  during  said  term,  distinguishing  between 
males  and  females  and  colored  and  white,  together  with  the 
names  thereof,  and  the  entire  and  the  average  attendance,  the 
branches  taught,  the  number  of  pupils  engaged  in  the  study  of 
each  of  the  said  branches,  and  such  other  statistics  as  he  or  she 
may  be  required  to  report  by  the  County  Commissioner,  or  by 
the  State  School  Commissioner,  and  until  such  report  shall,  have 
been  prepared,  sworn  to  and  filed  by  said  teacher  as  aforesaid, 
it  shall  not  be  lawful  for  said  County  Commissioner  to  audit  the 
account  of  said  teacher  for  his  or  her  services. 

See  Part  xv,  Note  4. 

Sec.  9.  That  the  County  Boards  of  Education,  whenever,  in 
issotpage  their  opinion,  the  good  of  the  schools  in  their  respective  counties 
demand  it,  may,  at  their  discretion,  appoint  three  intelligent, 
upright  citizens  of  each  sub-district  of  their  respective  counties 
to  act  as  school  trustees  for  their  sub-districts,  naming  one  of 
the  appointees  to  serve  for  one  year,  and  one  for  two,  and  one 
for  three  years  ;  and  as  vacancies  occur  by  the  expiration  of  the 
terms  of  incumbents,  the  Boards  shall  fill  those  vacancies  with 
appointees  whose  term  of  service  shall  be  three  years';  and  should 
vacancies  occur  by  death,  resignation,  or  otherwise,  the  Boards 
of  Education  shall  fill  these  vacancies  for  the  unexpired  term  ; 
and  whenever  School  Trustees  are  chosen  as  herein  provided, 


122 


County  Board  of  Education.  1^ 

1  le  fact  shall  be  recorded  in  the  minutes  of  the  County  Boards, 
I  nd  the  appointees  shall  receive  certificates  of  their  appointment 
1  om  the  County  School  Commissioner,  and  these  certificates 

ihall  be  their  sufficient  warrant  for  entering  upon  and  perform- 
i  Dg  the  duties  of  their  office.  That  it  shall  be  the  duty  of  the 
Jchool  Trustees  herein  provided  for  to  supervise  the  school 
perations  of  their  sub-districts,  to  visit  the  schools,  and  to  make 
uch  recommendations  to  the  County  Boards,  in  relation  to  the 
chool  interests  of  their  sub-districts,  as  may  seem  to  them  best, 
md  especially  in  the  matter  of  choosing  teachers  for  their  sub- 
listricts.  It  shall  be  their  right  to  recommend  applicants,  and 
t  shall  be  the  duty  of  the  County  Boards  to  choose  as  teachers 
:he  persons  so  recommended  ;  provided^  they  shall  be  persons 
duly  qualified  and  eligible  according  to  the  provisions  of  exist- 
ing law  ;  and  furthermore,  it  shall  be  the  duty  of  the  School 
Trustees,  in  recommending  persons  as  teachers,  to  recommend 
:hose  persons  who,  in  their  opinion,  are  the  choice  of  the  com- 
munities to  be  served;  and  it  shall,  furthermore,  be  the  duty  of 
he  School  Trustees  to  make  a  written  report,  once  a  year,  to 
the  County  Boards  in  relation  to  the  matters  committed  to  their 
supervision,  or  oftener  if  required  by  the  County  Boards  of 
Education. 
^_  ,  Note. — Duties  of  Trustees. 

^1'  "Yeu  are,  therefore,  hereby  authorized  and  required  to  perform  all  the 
duties  incumbent  on  you  as  a  Trustee  aforesaid,  according  to  law  and  the 
trust  reposed  in  you.  This  commission  is  to  continue  in  force  during  active 
and  efficient  service  and  for  the  term  pointed  out  by  the  laws  of  the  State, 
which  say  that  this  certificate  shall  be  your  sufficient  warrant  for  entering 
upon  and  performing  the  duties  of  your  office.  These  duties  are  as  follows : 
To  visit  your  school ;  to  inspect  the  school  work  in  your  district,  giving 
special  attention  to  oral  and  written  examinations  of  pupils  ;'to  make  gen- 
eral recommendations  to  the  County  Board  of  Education  for  the  advance- 
ment of  the  school  interests  in  your  district;  to  aid,  by  recommendation 
of  desirable  applicants,  the  County  Board  of  Education  in  choosing  teachers 
for  your  schools  ;  to  see  that  the  schoolhouse  ifi  in  good  repair  and  equipped 
for  good  work,  and  that  the  school  grounds  are  properly  improved  and 
supplied  with  shade,  fuel,  water  and  other  necessaries ;  to  make  a  written 
report,  once  a  year,  to  the  County  Board,  in  relation  to  the  matters  com- 

itted  to  your  supervision,  or  oftener  if  required  by  the  County  Board  of 

ucation. 


16  Compilation  of  Common  SchooIv  Laws. 

"As  you  have  opportunity,  impress  upon  patrons  and  pupils  the  impor- 
tance of  regular  attendance,  of  hearty  home  co-operation,  and  establishing 
and  using  school  libraries." — Extract  from  Trustees's  Commission. 

School    property —  races    laiig-ht     separately —  building:    of     scliool* 
Iioii^es— del'iiiiiig'  and.  rcg'uluting'  puolic  iicliooi  term. 

Sec.  id.  That  the  County  Board  of  Education  shall  have 
f^l^  °'  power  to  purchase,  lease,  or  rent  school  sites  ;  to  build,  repair, 
^3.  or  rent  schoolhouses  ;  to  purchase  maps,  globes  and  school  fur- 

niture, and  to  make  all  other  arrangements  of  this  kind  necessary 
to  the  efficient  operation  of  the  schools  under  their  care  ;  and 
the  said  Boards  shall  also  be,  and  are  hereby,  invested  with  the 
title,  care,  and  custody  of  all  schoolhouses,  sites,  school  libraries, 
apparatus,  or  other  property  belonging  to  sub-districts,  as  now 
defined,  or  as  may  hereafter  be  defined,  in  their  several  counties^ 
with  all  power  to  control  the  same,  in  such  manner  as  they  think 
will  best  subserve  the  interests  of  common  schools  ;  and  when, 
in  the  opinion  of  the  Board,  any  schoolhouse  site  has  become 
unnecessary  or  inconvenient,  they  may  sell  and  convey  the  same 
in  the  name  of  the  County  Board  of  Education,  such  conveyance 
■  to  be  executed  by  the  President  or  Secretary  of  said  Board  ac- 
cording to  the  order  of  the  Board.  They  shall  have  power  to 
receive  any  gift,  grant,  donation,  or  devise  made  for  the  use  of 
common  schools  within  their  respective  counties  ;  and  all  con- 
veyances of  real  estate  which  may  be  made  to  said  Board  shall 
vest  the  property  in  said  Board  of  Education  and  their  successors 
in  office.  It  shall  also  be  the  duty  of  said  Board  of  Education 
to  make  arrangements  for  the  instruction  of  the  children  of  the 
white  and  colored  races  in  separate  schools.  I  They  shall,  as  far 
as  practicable,  provide  the  same  facilities  for  both  races  in  re- 
spect to  attainments  and  abilities  of  teachers  and  length  of  term- 
time  ;  but  the  children  of  the  white  and  colored  races  shall  not 
be  taught  together  in  any  common  or  public  school  of  this  State  ; 
and  in  respect  to  the  building  of  the  schoolhouses  mentioned  in 
this  section,  the  said  Board  of  Education  may  provide  for  the 
same,  either  by  labor  on  the  part  of  the  citizens  of  sub-districts 
to  be  served,  or  by  a  tax  on  their  property,  as  may.be  herein- 
after provided. 


County  Board  of  Education.  17 

Sec.   II.     The  several  County  Boards  of  Education  of  this 
v^  tate  shall  have  full  power  and  authority  to  define  and  regfulate  Acts  of 
t  le  length  of  the  public  school  terms  of  their  respective  counties,  'i- 

.  udicial    tribunal— appeals. 

Sec.  12.  That  the  County  Board  of  Education  shall  consti- 
i  ute  a  tribunal  for  hearing  and  determining  any  matter  of  local  ^'s  of 
ontroversy  in  reference  to  the  construction  or  administration  ^*- 
I  the  school  law,  with  power  to  summon  witnesses  and  take 
lestimony  if  necessary  ;  and  when  they  have  made  a  decision, 
aid  decision  shall  be  binding  upon  the  parties  to  the  contro- 
•ersy  ;  provided^  that  either  of  the  parties  shall  have  the  right 
o  aj-jpeal  to  the  State  School  Commissioner,  and  said  appeal 
hall  be  made  through  the  County  Commissioner  in  writing,  and 
>hall  distinctly  set  forth  the  question  in  dispute,  the  decision  of 
he  County  Board  and  the  testimony,  as  agreed  upon  by  the 
parties  to  the  controversy,  or  if  they  fail  to  agree,  upon  the  tes- 

I  ;imony  as  reported  by  the  Commissioner. 

Facciiiaiion. 

Sec.  13.     That  the  County  Board  of  Education  in  the  coun- 
ties of  this  State,  and  the  Boards  of  Public  Education  for  the  Acts  of 

1880-81 

cities  of  this  State  be,  and  they  are  hereby,  authorized  and  em-  page  97, 
powered  to  make  such  regulations  as  in  their  judgment  shall 
seem  requisite  to  insure  the  vaccination  of  the  pupils  in  their 
respective  schools,  and  may  require  all  scholars  or  pupils  to  be 
vaccinated  as  a  prerequisite  to  admission  to  their  respective 
schools. 

I I  Additional  Duties  of  Members  of  County  Board  of  Education. 

County  Board  of  Education  authorized  to  administer  oaths  in 'certaio 
instances.     (See  part  iv,  Sec.  0.) 

County  Board  of  Education  selects  the  months  (within  the  proper  cal- 
jendar  year)  in  which  schools  shall  be  operated.     (See  Part  v,  Sec.  4,) 
2  si 


18  Compilation  of  Common   SchooIv  Laws. 


PART  IV. 

CCUNIY   SCHOOL.  C€]?lJniSS10K£R. 

1.     Term— examination— elcctioii—1>oi;d— oat  It. 

Section  i.     That  the  County  Boards  of  Education  shall, 

Acts  of  • 

1887,  page  from  the  citizens  of  their  counties,  select  a  County  Commis- 
sioner of  Education,  who  shall  be  ex  officio  county  superintend- 
ent of  the  common  schools,  and  who  shall  hold  his  office  for  the 
term  of  four  years.  Before  election  tl:e  applicants  for  positions 
of  County  School  Commissioner  shall  be  examined  by  the  Pres- 
ident of  the  County  Board  of  Education,  or  by  some  one  appointed 
by  him  or  the  Board  for  that  purpose,  upon  written  or  printed 
questions,  which  shall  be  furnished  to  the  Board  by  the  State 
School  Commissioner — said  examination  to  be  upon  the  subjects 
taught  in  the  common  schools,  upon  the  science  and  theory  of 
common  school  teaching  and  government,  and  upon  such  other 
subjects  as  the  State  School  Commissioner  may  deem  proper. 
The  said  County  Board  of  Education  shall  then  elect  such  ap- 
plicant County  School  Commissioner  who  has  stood  satisfactory 
examination,  taking  into  consideration  the  moral  character, 
business  qualifications,  and  general  availability  of  each  ap- 
plicant. The  County  School  Commissioner  so  elected  shall  be 
required  to  give  bond  with  good  security  payable  to  the  County 
Board  of  Education,  conditioned  upon  the  faithful  performance 
of  his  duty  under  the  law,  the  amount  and  sufficiency  of  the 
security  to  be  jucged  by  the  County  Board  of  Education. 

See  Part  xvi,  Note  8. 
See  Part  xvii,  Note  6. 

Note.— A  County  f  chool  Ccmmissioner  may  be  postmaster,  but  can  not 
hold  any  other  office  of  profit  or  trust  under  the  government  of  the  United 
Stales  or  of  any  of  the  several  States,  or  of  any  foreign  State.  ^See  Code, 
Vol.  1,  Sec.  223.) 

Sec.  2.     Before  entering  upon  the  discharge  of  his  official  du- 
1887,  page   ties  the  said  Commissioner  shall  take  and  subscribe  to  the  same 
oath  required  of  the  other  officers  of  this  State. 


County  School  Commissioner. 


K    Hioval  from  ol'l'ice— succcws^>r. 

Sec.  3.     The  County  School  Commissioner  may  be  removed 
fi  )m  office  before  the  expiration  of  his  term  by  sl  majority  vote  j^^^  <,, 

0  the  Board  of  Education  for  inefficiency,  incapacity,  neglect  of  75^^'  ^*^® 
-d  ity,  or  malfeasance  or  corruption  in  office  ;  provided^  that  any 

C  )mmissioner  so  removed  shall   have  the   right  of  appeal  from 

Ie  action  of  the  County  Board   to   the  State  School   Commis- 
ioner,  and    from   the  State  School  Commissioner  to  the  State 
oard  of  Education. 
Sec.  4.     Should  there  be  a  vacancy  in  the  offi'ce  of  County 
chool  Commissioner,  by  resigfnation  or  otherwise,  an  examin- Acta  of 

»  .  .  1^7,  page 

a  :ion  and  election  for  the  remainder  of  the  vacant  term  shall  be  76; 

1  eld  in  the  same  manner,  and  by  the  same  authorities,  as  for 
^^  lat  of  a  full  term. 

^H<fitie«— conip. -Illation— office— conipeiisatian  iia  special  ca«es. 

^^    Sec.  5.     That  the  County  Commissioner  shall  constitute  the 

iiedium  of  communication  between  the  State  School  Commis- Acts  of 
5  ioner  and  the  subordinate  school  officers ;  that  he  shall  visit  77.  * 
!ach  school  in  his  county  at  least  once  during  the  school  term, 
( .r  twice  if  practicable,  and  oftener  if  ordered  by  the  Board,  and 
vithout  notice  to  the  teachers,  for  the  purpose  of  inspecting  its 
nanagement  and  the  modes  of  instruction,  and  of  giving  such 
:  id  vice  and  making  such   suggestions  as  shall  tend  to  elevate  it 
n  character  and  efficiency.     He  shall  be  the  agent  of  the  County 
Board  in  procuring  such  school  furniture,  apparatus,  and  edu- 
< rational  requisites  as  they  may  order  to  be  purchased,  and  shall 
see  that  none   but   the  prescribed   text-books  are  used   by  the 
jupils  ;  that  it  shall  be  his  duty  to  audit  all  accounts  of  teachers 
Hpid  others  before  an  application  is  made  to  the  County  Board 
for  an  order  for  payment,  and  that  the  said  County  Commissioner 
shall  procure  a  book,  in  which  he  shall  keep  a  record  of  his 
official  acts,  which,  together  with  all  the  books,  papers  and 
property  appertaining  to  his  office,  he   shall  turn   over,  on  his 
resignation,  or  at  the  expiration  of  his  official  term,  to  his  suc- 
cessor. 


See  Part  xv,  Note  2. 


R 


20  Compilation  of  Common   School  Laws. 

It  shall  be  the  duty  of  every  County  School  Commissioner  in 
^897!pige  this  State  to  place. upon  all  teachers'  license  issued  by  them  the 
seal  of  the  Board  of  Education  of  the  county  for  which  they  are 
commissioner. 

Sec.  6.  That  the  said  County  Commissioner  shall  receive 
1887^^1  e  ^"^^■^  compensation  as  the  County  Board  may  allow  him,  not  to 
77.  exceed  three  dollars  per  day,  to   be  determined  by  the  County 

Board  of  Education,  for  each  day  actually  employed  in  the  dis~ 
charge  of  his  official  duties,  the  same  to  be  paid  out  of  the  edu- 
cational fund  furnished  to  the  county.  His  claim  for  services 
shall  be  presented  in  the  form  of  an  account  against  the  County 
Board  of  Education,  and  shall  be  verified  by  affidavit,  to  the 
effect  that  the  said  account  is  just  and  true  ;  that  the  service 
therein  named  was  honestly  and  faithfully  rendered,  and  that 
the  sum  therein  claimed  is  rightfully  due,  and  remains  unpaid. 
When  said  account  shall  have  been  duly  audited  and  approved  by 
the  County  Board,  the  said  commissioner  shall  retain  his  pay 
out  of  the  revenue  aforesaid  ;  provided,  that  the  County  Board 
of  Education  shall  determine  the  number  of  days  in  each  year 
in  which  said  County  Commissioner  may  labor  in  the  perform- 
ance of  the  duties  required  of  him. 

Sec.  7.  County  Boards  of  Education  in  counties  having  a 
im,%ee  population  of  more  than  sixty  thousand  inhabitants,  shall  be 
^^'  authorized  and  empowered  to  pay  the  County  School  Commis- 

sioners of  such  counties  such  salary  in  lieu  of  a  per  diem,  as  the 
said  County  Boards  of  Education  shall  fix,  not  to  exceed  the 
sum  of  eighteen  hundred  dollars  per  annum. 

Sec.  8.  That  it  shall  be  the  duty  of  the  county  authorities 
]893*page  ^^  the  different  counties  of  this  State  to  furnish  the  County 
^'  School  Commissioners  thereof  an  office  in  the  court-house  thereof ; 

provided,  there  is  sufficient  room  in  said  court-house  after  fur- 
nishing the  county  officers  of  such  county  with  offices  as  now 
provided  by  law. 

Scliool  officers  autborized  to  administer  oatlis. 

Sec.  9.     That  County  School   Commissioners  and  members 
of  the  County  Boards  of   Education   shall   be  empowered  and 


County  School  Commissioner. 


21 


a  thorized  to  administer  such  oaths  as  may  be  necessary  in  trans-  Acts  of 
a  ting  school  business,  or  in  conducting  investigations  before  si!'' ^*^^ 
t:  e  County  Boards  when  sitting  as  judicial  tribunals  for  deter- 
1]  ining  controversies  arising  under  school  laws. 

H  eport  to  g^rand  Jury— duty  oi  grand  jury  in  matter  of  report. 

I  Sec.  to.  That  it  shall  be  th^  duty  of  the  County  School 
ommissioner  of  each  of  the  counties  of  this  State  to  make  af^^^^^^^^ 
:port  o^  the  school  operations  of  the  preceding  year  to  the  ^^' 
grand  jury,  at  the  spring  term  of  the  court,  and  to  place  his 
1  Doks  before  them  for  examination  ;  and  in  making  up  the 
g  eneral  presentments,  it  shall  be  the  duty  of  the  jury  to  take 
1  roper  notice  of  the  matters  thus  brought  to  their  attention. 


Note.— During  the  last  two  years  an  annual  statement  of  the  account  of 
t  Ach  County  School  Commissioner  has  been  furnished  to  the  County 
."  chool  Commissioner  and 'to  the  grand  jury  through  the  Clerk  of  the  Su- 
j  erior  Court. 

I  If  Additional  Duties  of  County  School  Commissioners. 

County  School  Commissioner  is  secretary  of  County  Board  of  Education 

^Part  iii,  Sec.  5) ;  issues  certificates  to  ^School  Trustees  (Part  iii,  Sec.  9); 

lorwards  appeals,  in  writing,  from  decision  of  County  Board  of  Education 

()  State  School  Commissioner  (Part  iii,  Sec.  11) ;  makes  monthly  statements 

o  State  School  Commissioner  (Part  v,  Sec.  3);  operates  institutes  (Partvii, 

Sec.  1) ;  examines  applicants  for  license  to  teach  (Part  vili,  Sec.  l) 

County  School  Commissioner— Election  of  is  certified  by  secretary  of 

(ting  at  which  election  is  held  (Part  iii,  Sec.  4.) 


22  Compilation  of  Common   Schooi.  Laws. 

PART  V. 

TITSA^CIAIj. 

School  fund  lo  be  paid    directly    iHto  State    Treasury— Apportion- 
uient. 

Section  i.  Be  it  enacted  by  the  General  Assembly  of  Georgia, 
Acts  of  and  it  is  hereby  enacted  by  authority  of  the  same,  That  begin- 
60.  '  ning  with  the  taxes  for  the  year  1895,  all  moneys  belonging  to 

the  common  school  fund  of  the  State,  including  poll  taxes  and 
specific  taxes,  shall  be  paid  direct  into  the  State  Treasury  in 
like  manner  as  other  State  taxes  are  paid,  and  said  common 
school  fund  shall  be  used  for  no  other  than  common  school  pur- 
poses, as  provided  by  law. 

Sec.  2.     That  from  and  after  the  first  day  of  January,  1899,. 

or  as  soon  thereafter  as  practicable,  the  Treasurer  of  the  State 

shall  place  to  the  credit  of  each  county  in   the  State,   on  his 

Actl°1*^^  books,  its  proportionate  part  of  the  common  school  fund  in  the 

1894,  page   ^^g^g^j-y  qj^  ^^^q  ^j-g^-  ^^y  Qf  QSich.  month,  such  proportionate 

part  to  be  determined  by  the  State  School  Commissioner, 
the  Comptroller-General,  and  the  Treasurer,  and  to  be 
based  upon  the  proportion  which  the  school  population  in 
each  county  bears  to  the  school  population  in  the  State  as 
shown  by  the  last  school  census  ;  provided^  however^  that  the 
salaries  of  the  State  School  Commissioner  and  his  clerk  or 
clerks,  and  the  expenses  of  his  office,  and  any  other  items 
properly  chargeable  under  the  law  to  the  general  school  fund,, 
shall  be  deducted  out  of  the  said  fund  before  making  the  afore- 
said apportionment  to  the  counties. 

Itemized   Statements   of  claims  ag^ainst   scbool  fund— prompt  dis- 
bur»iemeiit. 

Sec.  3.     That   the   County    School   Commissioner   of    each 

IStlo?^"^  county  shall,  under  the  approval  of  the  County  Board  of  Edu- 

1894,  page  cation,  transmit  to  the  State  School  Commissioner  an  itemized 

statement  of  the  various  sums  due  and   unpaid  by  the  County 

Board  of  Education  on  said  several  dates  mentioned  in  section  2,. 


I 


Financial.  ^^^IT  ^^ 

A  hether  the  same  be  for  teachers' salaries,  for  pay  of  the  County 
v"  chool  Commissioner,  or  for  any  other  item  of  expense  properly 
c  hargeable  under  the  law  to  the  County  Board  of  Education  ; 
.  nd  when  said  itemized  statements  have  been  approved  by  the 
^)tate  School  Commissioner  and  presented  to  the  Governor,  the 
<  yovernor  shall  issue  his  warrants  upon  the  Treasurer  for  all 
•  he  funds  standing  to  the  credit  of  each  of  the  several  counties 
ipon  the  books  of  the  Treasurer,  or  for  such  part  thereof  as  may 
)e  needed  to  liquidate  the  indebtedness  of  the  County  Board  of 
education  of  such  county,  as  shown  by  each  itemized  statement 
iforesaid.  And  the  State  Treasurer  shall,  upon  the  presenta- 
:ion  of  the  warrants  aforesaid,  draw  his  checks  for  the  amounts 
jf  said  warrants  in  favor  of  the  County  School  Commissioners 
of  the  several  counties,  and  the  State  School  Commissioner 
shall  immediately  transmit  said  checks  to  the  several  County 
School  Commissioners,  who  shall  promptly  disburse  the  money 
io  received  in  payment  of  the  sums  set  out  in  the  itemized 
statement  aforesaid  ;  and  if  the  money  is  not  sufficient  to  pay 
said  sums  in  full,  then  it  shall  be  prorated  amDug  the  various 
items  ;  provided^  that  the  expenses  of  administration  for  each 
month  shall  first  be  paid  in  full,  and  the  County  Boards  of  Ed- 
ucation are  hereby  authorized  to  make  their  contracts  in  such 
manner  that  the  amounts  payable  to  teachers  for  services  ren- 
dered shall  become  due  and  payable  monthly. 

L    See  Part  xv,  Note  :^>. 
I    See  Part  xvii,  Note  3. 

nSchool  year  begiiiK  JT  inuary  l«t— operation  of  scbool«. 

\  Sec.  4.  That  beginning  with  January  ist,  1895,  and  contin- 
uing thereafter,  the  school  year  shall  be  coincident  with  the  Amende^ 
calendar  year,  to-wit :  from  January  ist  to  December  31st  there-  isw.pagQ 
after,  and  the  State  School  Commissioner,  State  Treasurer,  and 
Comptroller-General  shall,  on  or  before  the  first  Tuesday  in  De- 
cember each  year,  beginning  in  1894,  or  as  soon  thereafter  as 
practicable,  make  an  estimate  of  the  entire  common  school 
fund  of  the  State  for  the  next  succeeding  school  year,  and  shall 
at  once  communicate  in   writing  to   the  County  School  Com- 


24  Compilation  of  Common   School  Laws. 

missioner   of   each    counly    the   amount   of   money  that   will 
be  payable   to   his    county;    and    on  the    first    Tuesday  in 
January  in  each  year,  or   as    soon    thereafter    as  practicable, 
each  County  Board  of  Education  shall  meet  and  make  the  nec- 
essary ariangements  for  placing  the  schools  in  operation  for  the 
next  school  year,  and  shall  have  full  authority  in  their  discre- 
tion either  to  fix  salaries  for  the  payment  of  teachers,  or  to  pay 
them  according  to  the  enrollment  or  attendance  ;  pvvided^  that 
nothing  in  this  Act  shall  be  construed  to  affect  the  right  of  the 
respective  counties  of  the  State  to  select  the  time  of   operating 
their  schools,  which  shall  be  left  entirely  to  the  County  Boards 
of  Education,  nor  shall  it  affect  or  change  the  time  of  operating 
isesfpLe    t^^ir  schools  under  any  special  or  local  laws  in  any  county  in 
^^'  this  State  ;  provided  Jurther^  it  shall  not  affect  the  monthly  pay- 

ments of  teachers  as  by  this  Act  directed. 

See  Part  xiv,  Note  13. 
See  Part  xvi,  Note  5. 

Payments  to  local  scltool  systems* 

Sec.  5.     That  in  those  counties  having  local  school  laws 
^sf  pige.   where  the  schools  are  sustained  by  local  taxation  for  a  period  of 
five  months  or  more,  the  State  School  Commissioner  shall,  on  the 
first  day  of  each  month,  or  as  soon  thereafter  as  practicable. 


«o 


Amended   notify  the  Governor  of  the  amount  of   funds  standing:  to  the 
Acts  of  /  *=» 

1894,  page:  credit  of  each  of  such  counties  on  the  books  of  the  Treasurer  on 
t)i. 

said  dates,  and  thereupon  the  Governor  shall  issue  his  warrants 
for  said  sums  and  the  Treasurer  shall  draw  his  checks  for  said 
sums  without  requiring  the  itemized  statements  as  provided  in 
section  33;  and  the  State  School  Commissioner  shall  immedi- 
ately transmit  said  checks  to  the  officer  under  the  local  school 
system  authorized  to  receive  its  funds,  and  the  State  School 
Commissioner,  shall,  in  like  manner,  pay  over  to  the  proper 
officer  under  the  school  board  of  any  town  or  city  having  a  school 
system  sustained  by  local  taxation  for  a  period  of  five  months 
or  more,  and  to  which  he  is  now  authorized  by  law  to  make 
direct  apportionments,  such  proportion  of  the  entire  county  fund 
as  shown  on  the  books  of  the  Treasurer  as  the  school  popula- 


Financial.  25 

tio  of  the  town  or  city  bears  to  the  population  of  the  county, 
as  hown  by  the  last  school  census  ;  provided,  that  all  children 
of  chool  age  resident  in  said  county,  and  attending  the  public 
scl  Dols  of  such  town  or  city,  shall  be  counted  in  the  school 
po  ulation  of  such  town  or  city  and  be  entitled  to  have  their 
sh  re  of  such  county  fund  paid  over  to  the  proper  officer  of  the 
scl  ool  board  of  such  town  or  city. 

|«e  report  State  Department  of  Education,  1902,  page  192.) 
I  Imate  of  school  fund. 
>EC.  6     That  the  school  fund  for  each  calendar  year  shall  be 
a  i  xed  and  specified  sum,  and  in  order  to  carry  out  this   pro-  Amended 
vi.'  ion  the  State  School  Commissioner,  the  Comptroller-General,  isw^page 
an  I  the  Treasurer  shall,  on  the  first   Tuesday  of  December  of 
ea  h  year,  beginning  with  1894,  or  as  soon  thereafter  as  prac- 
,  tic  able,  make  an  estimate  of  what  the  school  fund  for  the  ensu- 
Bf  year  shall  be  from  the  specific  taxes,  direct  appropriations, 
an  \  from  any  other  sources  of  supply  which  now  belong  to  the 
sc  lool  fund  or  may  hereafter  belong  to  the  school    fund,  and 
sa  d  fund,  when  so  estimated,  shall  be  available  and  payable  at 
th  i  time  specified  in  this  Act ;  provided,  that  in  the  event  that 
the  said  specific  taxes  shall  fall  short  of  said  estimate,  then  the 
bs  lance  necessary  to  meet  the    provisions    of  said  estimate  is 
h(  reby  authorized  to  be  paid  from  any  fund  in  the  treasury  not 
otlierwise  appropriated. 

Sec.  7.     That   when  the   State    School    Commissioner,    the 
Comptroller-General,  and  the  Treasurer  shall  meet  on  the  first  Acts  of 

*■  '  1894,  page 

Tuesday  in  December,  or  as  soon  thereafter  as  practicable,  as^'^- 
provided  in  this  Act,  to  make  the  estimate  of  the  school  fund 
provided  for  in  section  4  of  this  Act,  they  shall  base   said  esti- 
irate  upon  the  amount  of  school  fund  coming  into  the  treasury 

Bthe  year  preceding  the  year  for  which  said  estimate  is  made. 
rcea  of  school  fund. 

Sec.  8.     That  for  the  support  and  maintenance  of  the  com- 
mon schools  of  this  State,  the  poll  tax,  special  tax  on  shows  and  1887,  page 
exhibitions,  all  taxes  on  the  sale  of  spirituous  and  malt  liquors, 


k 


26  Compilation  of  Common   School  Laws. 

dividends  upon  the  stock  of  the  State  in  the  Bank  of  the  State 
of  Georgia,  Bank  of  Augusta,  Georgia  Railroad  and  Banking 
Company,  and  such  other  means  or  moneys  as  now  belong  by 
law  to  the  Common  School  Fund,  one-half  of  the  proceeds  of 
the  rental  of  the  Western  &  Atlantic  Railroad,  or  one-half  of 
the  annual  net  earnings  of  said  railroad  as  ascertained  by  sub- 
tracting the  annual  cost  of  running  and  keeping  up  the  road 
from  the  annual  gross  receipts  under  any  change  of  policy 
which  the  State  may  adopt  hereafter  in  reference  to  said  rail- 
road ;  all  endowments,  devises,  gifts  and  bequests  made,  or 
hereafter  to  be  made,  to  the  State  or  State  Board  of  Education  ; 
the  proceeds  of  any  commutation  tax  for  military  service  ;  all 
taxes  which  may  be  assessed  on  such  domestic  animals  as  from 
their  nature  and  habits  are  destructive  to  other  property  ;  all 
money  received  by  the  Agricultural  Department  of  this  State 
for  the  inspection  of  oils  and  fertilizers  in  excess  of  what  may 
be  necessary  to  defray  the  expenses  of  said  Agricultural  Depart- 
ment ;  money  arising  from  the  lease  of  oyster  lands ;  any  edu- 
cational fund  now  belonging  to  the  State  (except  the  endow- 
ment of  and  debt  due  to  the  University  of  Georgia),  and  such 
other  sums  of  money  as  the  Legislature  shall  raise  by  taxation 
or  otherwise  from  time  to  time  for  educational  purposes,  are 
hereby  declared  to  be  a  common  school  fund  ;  and  when  said 
common  school  fund  shall  be  received  and  receipted  for,  from 
whatever  source  received,  it  shall  be  the  duty  of  the  officer  au- 
thorized by  law  to  receive  such  fund  to  keep  the  same  separate 
and  distinct  from  other  funds,  and  said  fund  shall  be  used  for 
educational  purposes  and  none  other,  and  shall  not  be  invested 
in  bonds  of  this  State,  or  in  other  stock,  except  when  invest- 
ment is  necessary  to  carry  out  the  conditions  of  an  endowment, 
devise,  gift,  or  bequest,  and  when  taxes  are  paid  into  the  treas- 
ury of  the  State  the  Comptroller-General  shall  in  no  case  receipt 
a  Tax-Collector  for  the  same  until  that  part  of  the  tax  so  paid 
in,  which  was  raised  for  school  purposes,  is  separated  in  amount 
from  the  gross  amounts  paid  in. 


Financial.  27 

R'  lief  of  forfeiture  of  school  fund— unused  balances. 

Sec.  9.     That  whenever  a  County  Board  of  Education,  or 
B  -ard  of  Education  of  any  city,  shall  hereafter  fail  in  any  year  Acts  of  ^ 
t(  make  arrangements  to  put  schools  in  operation,  said  county, '?^-  ' 
o    city,  as  the  case  may  be,  shall  forfeit   all  right  to  participa- 
ti  )n  in  the  school  fund  of  that  year,  unless  the  failure  to  arrange 
f<  r  schools  was  from  providential  cause,  or  other  good  and  suf- 
fi  :ient  reason,  the  sufficiency  of  the  reason  to  be  judged  of  by  the 
S  ate  Board  of  Education.     That  in  all  cases  where  any  of  the  Acte  of 
^■'  lunties  of  this  State  have  heretofore  or  may  hereafter  leave  65- 
^^  lused  in  the  State  Treasury  any  part  of  the  public  school  fund 
t  '  which  they  are  entitled  under  the  law,  such  fund  shall  be 
Iv  ept  separate  and  applied  to  the  use  and  benefit  of  the  respect- 
M  re  counties  entitled  to  the  same. 

-'     I  ailure  to  put  srbools  in  operation. 

■    Sec.  10.     That  any  county  or  city,  which  has  failed  to  put 
ihools  in  operation  in  any  past  year,  and  has  never  received  its  ^ts  of 
J  ro  rata  part  of  the  State  School  fund  for  that  year,  shall  still  be  79.  ' 
e  ntitled  to  receive  through  the  properly  constituted  authorities 
(  i  the  county  or  city  that  pro  rata ;  provided^  that  the  County 
School  Commissioner  of  such  county  shall  receive  no  compen- 
Hation  from  the  school  fund  of  said  county  for  such  year,  except 
^br  services  rendered  in  taking  the  enumeration  of  the  school 
population. 

pBf  Note.— If  any  public  officer  of  any  county  in  this  State  shall  buy  up  at  a 
■^liscount,  or  in  any  manner  speculate  in  what  are  known  as  "county 
)rders"  or  in  ''jury  scrip,"  or  any  other  order  or  scrip  which  is  to  be  paid 
)ut  of  any  public  fund  of  this  State  or  of  any  county  in  this  State,  he  shall 
De  punished  as  for  a  misdemeanor  and  shall  be  removed  from  office. 
(Code,  Vol.  iii,  Sec.  277.) 

Hk  Additional  Funds  for  Public  Schooh. 

^'Illegal  granting  of  diplomas  by   medical   colleges— Fine   goes   to  State 
treasury  for  educational  funds*.     (^486  Code,  Vol.  III.) 

Selling  or  ofifering  for  sale  rejected  illuminating  oils  or  fluids— Fine  goes 
to  public  school  fund  of  county  in  which  prosecution  is  made.  (§607  Code» 
Vol.  III.) 

Wrongful  use  of  branded  vessels   for  illuminating  oils  or  fluidej— Fine 
goes  to  public  school  fund  of  county  in  which  prosecution  is  made.    (§608 
ode,  Vol.  III.) 


28  Compilation  of  Common  School  Laws. 

Cruelty  to  animals — One-half  of  fine  goes  to  public  school  fund  of 
county  in  which  prosecution  is  made.     (§704  Code,  Vol.  III.) 

Gaming  contracts — Money  recovered  after  six  months  goes  partly  to 
public  school  fund  of  county  in  which  suit  is  entered.     (§3671Code,Vol.  II.) 

Property  not  returned  but  assessed — Overplus  above  amount  due  and 
costs  goes  to  educational  fund,  subject  to  claim  of  true  owner  within  four 
years.     (§9J8  Code,  Vol.  I.) 

Proceeds  of  sale  of  estrays,  subject  to  claim  of  owner  within  twelve 
months.     (§1746  Code,  Vol.  I.) 

The  net  amount  arising  from  the  hire  of  convicts  of  this  State,  when 
the  Grand  Jury  of  the  county  directs  this  fund  to  be  applied  to  the  schools 
of  the  county.     (Acts  of  1903,  page  65.) 


Long  Term  Schools.  29 


PART    VI. 


LO^fG   TERIVI   SCHOOLS. 


■ 


plemeiital  contracts— common   scbool   fund  admits   pupils. 

Section  i.     That  whenever  the  Board  of  Education  of  any 
.  .unty  within  the  State  shall  have  entered  into  a  contract  with  mi^,  pige 
■  a  teacher  to  teach  a  common  school   in  any  sub-district  within 
it  i  jurisdiction  in  accordance  with    this  Act,  it  shall  be  lawful 

■f.  r  said  teacher  to  enter  into  a  supplemental  contract  with  the 
I  itrons  of  said  school  to  teach  a  private  elemental  y  school  in 
c  mnection  with  said  common  school,  and  to  embrace  the  period 
a  lowed  by  law  for  the  said  public  term  ;  provided^  that  the  con- 
t  acting  with  teachers  under  the  provisions  of  this  Act  shall  be 
|ft  to  the  discretion  of  the  several  County  Boards  of  Education. 
Sec.   2.     That  upon  said  private  supplemental  contract  being 

ixamined  and  approved  by  the  Board  of  Education  of  the  county  f^gy^  pag© 
k  which  said  school  is  located,  it    shall    be  the  duty  of  said^"^' 
teacher  to  enter,  as  pupils  in  said  private  school,  all  scholars  of 
( ommon  school  age  (regard  being  had  to  separate  schools  as  now 
1  equired  by  law)  who  may  enter  said  school  at  any  time  within 
ihe  term  or  scholastic  year  of  said  private  school.     It  shall  be 
he  duty  of  said   teacher  to   keep   an   accurate  account  of  the 
mmber  of  such  pupils  and  the   number   of  days  actually  at- 
ended  by  each  pupil,  and  when  said  private  schools  shall  have 
closed,    said   teacher  may   make   out    an    account  against  the 
bounty  Board  of  Education  for  the  full  number  of  days  each  of  said 
upils  may  have  attended  said  schools,  not  to  exceed  the  whole 
mber  of  days  now  or  hereafter  to  be  prescribed  by  law  ;  pro- 
vided^ that  nothing  in  this  Act  shall  be  so  construed  as  to  pre- 
vent any  common  school  scholar  from  entering  said  school  as 
Epil,  if  the   parent  or  guardian  of    said    pupil   shall  elect  to 
ter  him  or  her  for  the  period  of  the  public  term,  and  upon 
e  merits  of  the  common  school  fund  only.     That  no  teacher 
shall  be  contracted  with  under  the  provisions  of  this  Act  until 
he  or  she  has  been  duly  licensed  as  a  common  school  teacher  ; 


■    It 'I/ 


I 


k 


30  Compilation  of  Common  School  Laws. 

that  every  teacher  contracted  with  under  provisions  of  this  Act 
shall  be  required  to  make  the  same  reports  and  returns  to  the 
County  School  Commissioners  as  are  now  required  of  teachers 
of  common  schools  in  this  State,  and  until  said  private  schools 
shall  have  been  taught  according  to  contract,  and  said  reports 
and  returns  are  so  made,  it  shall  not  be  lawful  for  the  Board  of 
Education  to  pay  him  or  her  for  such  services  as  such  teacher. 


County  Institutes.  ^      31 


PART  VII. 

COITKTV    INSTITl'TES. 

>y  County   School  Comiuissioners— prepared  by  State 
School  Comiui«siouer-Special  examination*. 

^B  Section   i  .     An  Act  authorizing  the  State  School  Commis- 
si<  ner  to  organize  and   establish   in   each   county  in  Georgia  a  Acts  of  ^ 
T  achers'  County  Institute  for  the  assembling  and  instruction^-^- 
of  the  common   school  teachers  of  each   county  in  the  State, 
sa  d  institute  to  hold  an  annual  session  of  one  week's  duration 
ic  each  county  of  Georgia  in  the  period  of  June,  July  and  Au-  acis  of 
gi  St,  or  in  such  other  month  as  the  State  School  Commissioner  s^.  ' 
11  ly  deem  best  and  expedient ;  provided,  however^  that  the  State 
S  hool  Commissioner  may,  in  his  discretion,  combine  the  an- 
n  lal  session  of  said  institutes,  or  any  number  of  them,  so  that 
tl  esame  may  be  held  in  any  county  designated  by  him  ;  to  pre- 
p  ire  a  program  of  exercises,  with   a  syllabus    of  each  subject^  ^^^^^ 
n  imed  in  said  program,  for  each  day's  session  of  said  institute  ;  ^^  ^ 
t( »  require  County  School  Commissioners  to  operate  at  their  reg-  ^^• 
wXdiX per  diem,  said  institute,  sessions  under  such  general  rules 
a  ad  regulations  as  he   may  deem   best  ;  to  require  all  persons, 
■V'hite  and  colored,  teaching  in  Georgia,  or  having  licenses  en- 
t  tling  them  to  teach  in  the  State,  provided  that  those  not  teach- 
i  ig  have  not  permanently  retired  from  teaching  ;  to  attend  all 
sessions  of  said  institutes  held  in  the  county  of  their  residence, 
.and  perform  all  duties  required  of  them  as  members  of  said  in- 
stitutes,  unless  providentially  prevented  ;  to  secure   a  prompt 
attendance  of  the  teachers  upon  the  exercises  of  said  institutes 

■kr  causing  the  County  School  Commissioners  and  County 
.TOards  of  Education  t  »  collect  such  fines  from  absentees  as  may 
>e  deemed  just  and  reasonable  by  said  Commissioners  and 
Boards  ;  proinded^  that  no  teacher  shall  be  fined  till  he  or  she 
has  stated  the  cause  of  his  or  her  absence  in  writing,  to  said  Com- 
issioners  and  Boards,  and  they  have  duly  considered  the  same  ; 
vided^  further,  that  all  money  thus  collected  shall  be  used  in 


32  Compilation  of  Common  SchooIv  Laws. 

purchasing  teachers'  libraries  for  the  counties  in  which  said  fines 
may  be  collected  ;  to  provide  separate  institutes  for  the  white 
and  the  colored  ;  to  pay  from  the  educational  fund  of  each  county 
an  amount  not  to  exceed  twenty- five  dollars  per  annum  for  the 
purpose  of  securing  the  services  of  an  expert  in  conducting  the 
week's  session  of  the  institute  of  said  county,  which  expert 
shall  be  chosen  by  the  County  School  Commissioner  and  Coun- 
ty Board  of  Education,  which  expert  shall  assist  in  conducting 
the  exercises  of  each  annual  week's  session  of  said  institute  in 
the  county  where  he  is  thjs  employed  ;  to  cause  all  sessions  of 
said  institutes  to  be  held  at  county  seats,  or  such  other  places  as 
may  be  selected  by  the  County  School  Commissioner,  and  allow 
all  persons  so  desiring  to  attend  the  sessions  of  said  institutes  ;; 
provided^  that  all  visitors  shall  be  subject  to  the  rules  and  reg. 
ulations  of  said  institutes  while  attending  the  exercise.*^  of  the 
same  ;  and  to  prescribe  from  time  to  time  such  other  rules  and 
regulations  as  he  and  the  County  School  Commissioner  may 
deem  best  for  successfully  operating  said  institute. 


Examination  of  Applicants  for  License  to  Teach.     3a 


PART  VIII. 


EXAlflllVATION  OF  APPIilCANTS  FOB  LICEIVSE  TO  TEACR, 


4  rading-of  papers— licenses— graduates  of  colleg-es  not  exempt  from 

exumiiiatioii. 

H  t Section  i.     That  the  County  Commissioners  shall  examine 

c  11  applicants  for  licenses  to  teach  in  their  respective  counties,  aS!'©?*^ 
<  iving  previous  public  notice  of  the  day  upon  which  the  exami-pageiis* 
1  ations  are  to  take  place,  and  said  Commissioaers   shall  be   al- 
1  )wed  to  invite  such  persons  as  they  may  think  proper  to  assist 
i  1  these  examinations.     Applicants  for  license  to  teach  in  the 
(  ommon  schools  shall  be  examined  upon  orthography,  reading, 
^  riting,  English  grammar,  geography,  arithmetic,  and  the  sci- 
cnce  and  practice  of  teaching  in  common  schools.     No  license^  ^ 
shall  be  granted  any  person  to  teach  in  the  public  schools,  re-J^^-  »*«•■ 
ceiving  money  from  the  State,  after  the  first  Monday  in  Janu- 
ary, 1903,  who  has  not  passed  a  satisfactory  examination   in 
I  hysiology  and  hygiene  (physiology,  which  shall  include  with 
c  ther  hygiene,  the  nature  and   effect  of  alcoholic   drinks  wilh 
f  ther  narcotics  upon  the  human  system.)     Said  examinations 
lall  be  held  throughout  the  Slate  on  a  day  or  days  to  be  fixed 

I  ty  the  State  School  Commissioner,  and  on  questions  prepared 
and  sent  out  by  him  to  the  County  School  Commissioners.  The 
State  School  Commissioner  shall  also  prepare  and  supply  the 
(bounty  School  Commissioner  with  printed  instruction  as  to  the 
grading  of  applicants  on  and  by  a  uniform  grade,  and  shall  fix 
the  lowest  standard  for  each  class  of  licenses. 

No  applicant  for  teacher's  license  shall  be  examined  on  any 
ether  day  than  the  one  designated  as  above  described,  except  in 
cases  where  the  County  Board  of  Education  shall  order  a  spe- 
cial examination;  no  special  examination  shall  be   ordered  by 

5  aid  Board  except  for  good  and  sufficient  reasons  and  to  meet 
some  special  emergency.  In  such  cases  the  questions  shall  be 
j.repared  by  the  County  vSchool  Commissioner,  or  by  some  com- 

^.etent  person  under  his  authority,  and  their  contents  shall  not 

I 


34  C0MPII.ATION  o^  Common  SchooIv  Laws. 

be  made  known  to  the  applicant  or  applicants  until  the  exami- 
nation actually  commences;  said  examination  shall  be  con- 
ducted under  the  same  rules  and  regulations  as  are  provided  by- 
law for  other  examinations,  but  the  licenses  granted  shall  be 
valid  only  until  the  next  examination  ordered  by  the  State 
School  Commissioner,  and  it  shall  not  be  lawful  for  the  County 
School  Commissioner  of  any  county,  other  than  that  in  which 
said  special  examination  is  held,  to  endorse  a  license  granted 
thereunder.  The  County  Board  of  Education  shall  have  power, 
if  they  deem  best,  to  employ  teachers  at  a  salary. 

Sec.  2.  It  shall  be  the  duty  of  the  County  School  Commis- 
188^  page  sioners  after  thorough  examination  of  the  papers  submitted  by 
applicants  for  licenses  as  teachers,  upon  the  examination  con- 
ducted as  prescribed  in  the  preceding  section,  to  grade  the  ap- 
plicants according  to  the  instructions  furnished  them  by  the 
State  School  Commissioner,  submitting  his  report  and  recom- 
mendations thereon  in  writing  to  the  County  Board  of  Educa- 
tion, who  shall  grant  to  the  applicants  licenses  of  the  first,  sec- 
ond or  third  grade,  to  be  determined  by  the  qualifications  exhib- 
ited and  the  standard  attained;  provided^  they  shall  attain  at 
least  the  lowest  grade-mark  fixed  by  the  State  School  Commis- 
sioner for  each  grade ;  and  provided  further^  that  each  applicant 
submits  with  his  or  her  examination  paper  satisfactory  evidence 
in  writing  of  good  moral  character.  A  license  of  the  first  grade 
shall  continue  in  force  for  three  years,  a  license  of  the  second 
grade  for  two  years,  and  a  license  of  the  third  grade  for  one 
year,  which  said  licenses  shall  entitle  teachers  holding  them  to 
be  employed  for  and  during  the  period  of  their  licenses  in  any 
of  the  common  schools  of  the  county  where  issued.  Licenses, 
to  be  good  in  another  county  than  the  one  in  and  for  which  they 
are  issued,  must  be  endorsed  by  the  County  School  Commis- 
sioner of  the  county  in  which  the  applicant  desires  to  teach. 

See  Report  of  Depstrtment  of  Education,  1903,  page  68,  rale  10  of  Rules 
for  Examination. 

Actio!  AH  students  or  graduates  of  any  school,  college  or  other  in- 

|J99»pa«6   stitution  of  learning  shall  be  required  to  stand  an  examination 


,XAMINATI( 


jCANTs  FOR  License  to  Teach.    3i 


is  now  prescribed  by  the  general  common  school  laws  of  this 
State  before  the  County  School  Commissioner  of  each  county 
n  this  State  in  which  they  desire  to  teach  and  get  a  license 
rom  the  County  School  Commissioner  before  being  permitted 
o  teach  in  the  common  or  public  schools  of  such  county ;  pro- 
rided^  that  nothing  herein  contained  shall  be  construed  to  in- 
validate any  license  to  teach  in  the  schools  in  this  State  now 
leld  by  any  person. 

And  all  laws  and  parts  of  laws  authorizing  and  entitling  any 
student  or  graduate  of  at^y  school,  college  or  other  institution 
■A  learning  to  teach  in  the  common  or  public  schools  of  this 
State  on  the  certificate  or  diploma  from  any  school,  college  or 
other  institution  of  learning,  or  the  officers  thereof  be,  and  the 
same  are,  hereby  repealed. 

See  Part  xvi,  Note  2. 


Permanent  Ijicense  to  teach« 

I '  Sec.  3.  After  passing  upon  the  examination  papers  as  here- 
inbefore provided,  if,  in  the  opinion  of  the  County  School  Com-  ^^^^  of 
missioner,  any  one  or  more  of  them  exhibit  unusual  merit,  he"^- 
shall  forward  such  papers  to  the  State  School  Commissioner, 
together  with  his  certificate  of  the  good,  moral  and  professional 
character  of  the  applicant,  and  if,  in  the  opinion  of  the  State 
School  Commissioner,  said  papers  exhibit  a  sufficient  degree  of 
merit,  he  shall  issue  a  permanent  teacher's  license  to  the  appli- 
c  ant,  which  license  shall  be  good  in  any  county  of  this  State, 
and  which  shall  only  be  revocable  by  the  State   School   Com- 

,  missioner  for  good  and  sufficient  cause. 

r  Note.— Examination  papers  of  applicants  for  permanent  license  to  teach 
should  be  graded  by  the  County  School  Commissioner  and  forwarded  by 
express  or  registered  mail. 

It 

Revoking^  of  L.icenMcs— appeal— forfperjr  inlLicense  a  felony^* 

Sec.  4.     That  the  County  Commissioner  shall  have  power, 
and  it  shall  be  his  duty,  to  revoke  licenses  e:ranted  by  him,  or  his  Acts  of 

,  ^         .  .  , .  ,  '  1887,  page 

predecessors,   for  incompetency,  immorality,  cruelty  to  pupils,  'S- 
or  neglect  of  his  duties,  and  the  revocation  of  the  license  of 


It 


36  Compilation  of  Common  SchooIv  Laws. 

any  teacher  shall  terminate  the  connection  of  said  teacher  with 
any  school  which  he  may  have  been  employed   to  teach  ;  but 
any  teacher  so  dismissed  shall  have  the  right  to  appeal  to  the 
County  Board  of  Education,  whose  decision  shall  be  final. 
See  Part  xiv,  Note  7. 

Whoever,  with  intent  to  defraud  the  State  or  any  county, 
Acts  of  town  or  city,  or  any  person,  shall  falsely  and  fraudulently  make, 
forge,  alter  or  counterfeit,  or  cause  or  procure  to  be  falsely  and 
fraudulently  made,  forged, altered  or  counterfeited,  or  willingly 
aid  or  assist  in  falsely  and  fraudulently  making,  forging,  alter- 
ing or  counterfeiting  any  certificate  or  license  issued  by  any 
County  School  Commissioner  of  this  State,  or  the  executive 
officer  of  any  local  school  board  to  a  teacher,  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  therefor  shall  be  pun- 
ished as  prescribed  by  section  233  of  the  Penal  Code. 


1900,  page 


School  Census. 


37 


PART  IX. 


SCHOOL  CE^iSUS. 


Xinie  for  tatcingr  census. 

Section  i.  That  it  shall  be  the  duty  of  the  County  and 
City  Boards  of  Education  of  this  State  to  cause  an  enumeration  t&i^^  pige 
of  the  children  betwesa^^ix  and  eighteen  years  of  age  to  be 
m'ade  under  instructions  fromthe  State  School  Commissioner, 
in  the  year  1888,  and  every  ten  years  thereafter,  as  hereinafter 
prescribed.  In  the  year  1893,  and  every  ten  years  thereafter,  it 
shall  be  the  duty  of  the  State  Board  of  Education,  in  the  early 
part  of  the  year,  to  have  an  estimate  made  from  the  last  census 
taken  by  the  authorities  of  the  United  States,  of  the  number 
of  children  of  school  age  in  each  county  of  the  State,  and  in 
each  town  or  city  under  a  local  school  law,  and  if,  from  the  ev- 
idence thus  obtained,  or  from  other  evidence  of  any  kind,  the 
said  Board  shall  become  satisfied  that  a  new  enumeration  of  the 
school  population  ought  to  be  taken  for  any  county  or  counties, 
or  for  any  town  or  city,  or  the  entire  State,  it  shall  be  their  duty 
to  order  the  said  enumeration  to  be  taken  accordingly. 


Enumerators:    Duties,   compensation,    oath- 
mi»sion«r  as  enumerator. 


-County    Scliool  Com< 


n 


Sec.  2.  The  different  County  or  City  Boards  shall  employ 
one  or  more  competent,  reliable  persons  to  take  the  enumeration  A^jjp  of 
above  mentioned,  in  their  respective  jurisdictions,  and  the  per- 
sons so  employed  shall  go  from  house  to  house,  making  a  thor- 
ough canvass  of  the  territory  assigned  them,  taking  the  num- 
ber of  children  between  the  ages  of  six  and  eighteen  years^  and 
distinguishing  between  the  sexes  and  races.  The  persons  thus 
employed  shall  be  known  as  enumerators  of  the  school  census, 
and  shall  take  and  report  any  additional  statistics  required  by 
the  State  School  Commissioner.  They  shall  receive  as  com- 
pensation a  per  diem  not  to  exceed  two  dollars  in  the  counties, 
or  two  dollars  in  the  cities,   or  in  city  and  county  where  the 


page 


38-  CoMPiivATiON  o^  Common  SchooIv  Laws. 

same  are  under  local  laws,  to  be  paid  out  of  the  school  fund  of 
the  jurisdiction  in  which  the  work  is  done.  They  shall  luoie- 
over,  be  required  to  make  oath  that  the  work  done  by  them  has 
been  carefully  and  faithfully  done  according  to  the  true  intent 
and  meaning  of  this  Act,  the  form  of  oath  to  be  prescribed  by 
the  State  School  Commissioner ;  provided^  that  nothing  herein 
contained  shall  be  construed  to  prevent  the  County  Boards  from 
employing  the  County  School  Commissioners  to  do  the  work 
contemplated  in  this  section. 

New  eiiiimeratioii. 

Sec.  3.     The  State  Board  of  Education  is  hereby  empow- 
Aets  of      ered  to  order  at  once  a  new  enumeration  when  they  are  in  doubt 

1887,  page  -^ 

82.  as  to  the  accuracy  of  the  return  made  from  any  county  or  city  ; 

but  the  enumerators  first  making  their  return  shall  receive  no 
compensation  in  case  it  is  found  their  enumeration  was  not  cor- 
rect. In  case  their  enumeration  is  verified  by  the  second  enu- 
meration, then  both  shall  be  paid,  but  the  amount  paid  them 
shall  be  deducted  from  the  school  fund  appropriated  to  this 
special  territory. 

Fixing  compensation  of  enumerators. 

Sec.  4.     The  respective  County  or  City  Boards  are  hereby 
Acts  of      empowered  to  fix,  within  the  limits  prescribed  above,  the  per 

1887,  page  ^  .  -      ,  p       -I  1         1 

^2-  diem  compensation  of  the  enumerators  or    the  school  census 

employed  by  them. 

Note.— Clauses  in  special  laws  authorizing  annual  school  census  are  in^ 
conflict  with  this  general  law. 


PART  X. 

ItlISCEL.L.AN£:Oi;S. 

CountT   line   schools. 

Section  i.  That  admission  to  all  common  schools  of  this 
State  shall  be  gratuitous  to  all  the  children  between  the  ages  of  ^^g^g"  ^^^ 
six  and  eighteen  years  residing  in  the  sub-districts  in  which  ^^ 
the  schools  are  located  ;  provided^  that  colored  and  white  chil- 
dren shall  not  attend  the  same  school ;  and  no  teacher  receiving 
or  teaching  white  afid  colored  pupils  in  the  same  school  shall 
be  allowed  any  compensation  at  all  out  of  the  common  school 
fund.  In  special  cases,  to  meet  the  Cbvious  demands  of  con- 
venience, children  residing  in  one  sub-district  may,  by  express, 
permission  of  the  County  Board,  attend  the  common  school  of 
another  sub-district ;  and  when  a  common  school  is  located  near 
a  county  line,  children  from  an  adjoining  county  shall  be  per- 
mitted to  attend  the  school;  provided^  such  children  reside 
nearer  such  school  or  said  school  is  more  accessible  to  the  resi- 
deuces  of  such  children  than  any  public  school  in  the  county 
of  their  residence.  And  in  such  cases,  the  teacher  shall  make 
out  two  accounts  for  his  services,  one  against  each  County 
Board,  in  amount  proportioned  to  the  number  of  children  in 
the  school  from  the  respective  counties. 

Note.— A  small  incidental  fee  is  a  reasonable  charge  against  all  pupils 
who  are  able  to  pay  the  same.  This  fee  should  be  applied  only  to  current 
incidental  expenses;  keeping  the  house  in  order,  providing  crayon,  fuel, 
etc.  This  is  in  line  with  the  custom  of  many  schools  in  which  the  girls 
keep  the  schoolroom  in  order  and  the  loys  bring  water,  fuel,  etc.  In  a 
few  schools  of  this  State  whose  patrons  are  indifferent  the  teachers  have 
had  to  meet  the  current  incidental  expenses.  Every  good  school  building 
should  be  under  the  constant  care  of  a  janitor,  and  patrons  should  make 
due  provisions  for  the  equipment  and  care  of  the  school  building. 

Note  2.— Teachers  of  county  line  schools  should  report  to  each  county 
the  number  of  pupils  and  the  amount  of  salary  received  from  the  other 
county,  ('ounty  Boards  through  the  County  School  Commissioner  of  each 
county  should  pay  salaries  of  teachers  according  to  contract  direct  to 
teachers  of  county  line  schools. 


40  'Compilation  of  Common  Schooiv  Laws. 

manual  labor  schools* 

Sec.  2.  That  the  County  Board  of  Education  shall  have 
1887?  page  power  to  Organize  in  each  county  one  or  more  manual  labor 
^®'  schools  on  such  a  plan  as  shall  be  self-sustaining  ;  provided^  that, 

the  plan  be  first  submitted  to  and  approved  by  the  State  Board 

'of  Education. 

ETeiiliig:  schools. 

Sec.  3.  That  the  Board  of  Education  of  any  county  shall 
Iss?!  pigfe  have  the  power  to  establish,  at  such  places  as  they  may  deem 
'  proper,  within  the  limits  of  their  jurisdiction,  a  suitable  num- 
'ber  of  evening  schools  for  the  instruction. of  such  youth  over 
twelve  years  of  age  as  are  prevented  by  their  daily  avocations 
from  attending  day  schools,  subject  to  such  regulations,  not  in- 
consistent with  the  provisions  of  this  Act  and  the  instructions  is- 
sued under  it  by  the  State  School  Commissioner,  as  said  Board, 
from  time  to  time,  may  adopt  for  the  government  thereof. 

Exemption' of  school  property  from  taxation* 

Sec.  4.  That  each  and  every  lot  or  parcel  of  land  which  has 
1887!  page  been  or  may  be  hereafter  obtained  by  purchase,  or  in  any  other 
'^*  way,  by  any  County  Board  of  Education  for  the  use  of  common 

schools,  together  with  any  school  building  that  may  have  been 
or  shall  be  erected  thereon,  and  all  school  furniture  shall  be  ex- 
empt from  all  taxes.  State  and  county,  and  from  levy  and  sale 
under  any  execution  or  other  writ  or  order  in  the  nature  of  an 
execution ;  provided^  that  the  lot  of  land  so  exempted  shall  not 
exceed  four  acres,  and  if  there  be  any  excess  over  that  number 
of  acres,  then  that  portion,  not  to  exceed  fcur  acres,  most  con- 
venient for  school  purposes,  shall  be  exempt  as  aforesaid,  the 
exempted  portion  to  be  set  off  by  order  of  the  County  Board. 

Scholastic  month  defined. 

Sec.  5.  That  from  and  after  the  passage  of  this  Act,  twenty 
Acts  of      school  days  shall  constitute  and  be  deemed  and  treated  as  a 

1898,  page  •' 

^'  scholastic  month  in  all  the  public  schools  of  this  State. 

JLocal  school  systems. 

Sec.  6.     That  nothing  in  this  Act  shall  be  so  construed  as  to 


EOUS. 

prevent  any  city  with  a  population  greater  than  two  thousand 
inhabitants,  or  any  county  or  town  under  authority  of  the  Gen-  Acts  of 
era!  Assembly  of  this  State,  from  organizing  a  public  school**^- 
system  independent  of  this  system,  or  to  prevent  the  said  inde- 
pendent organization  from  drawing  its  pro  rata  share  of  all  edu- 
cational funds  raised  by  the  State;  provided^  the  chief  executive 
officer  of  such  independent  organization  shall  make  the  same 
'regular  reports  to  the  State  School  Commissioner  as  are  required 
from  the  County  Commissioners  by  this  Act;  provided  further^ 
that  nothing  contained  in  this  Act  shall  be  construed  to  annul 
or  repeal  any  local  law  now  of  force  in  any  city  or  county  in 
this  State  providing  for  the  organization  and  maintenance  of 
the  common  or  public  schools  in  such  city  or  county. 

Arbor  Day. 


Sec.  7.     The  first  Friday  in  December  in  each  year  shall  be 


s  of 
91. 


If 


set  apart  and  consecrated  as  a  day  for  tree-planting,  and  shall  fg^J' 
be  known  throughout  the  State  as  ''Arbor  Day/'  that  it  shall  p*»®  ^^^• 
be  the  duty  of  the  State  School  Commissioner  to  take  the  mat- 
ter of  the  observance  of  "Arbor  Day"  by  the  public,  under  his 
general  supervision,  and  through  the  County  School  Commis- 
sioners to  cause  the  public  schools  of  the  State  to  observe 
*' Arbor  Day"  as  the  superintendents  and  teachers  may  think 
l)est,  in  order  to  show  the  pupils  the  value  and  beauty  of 
forestry  by  practical  tree-planting  on  school,  church,  and  other 
public  lots,  lawns,  as  well  as  on  the  public  highways. 


t\ 


Physiology   and  Hjrg-ieiic  10  be  laiig^lit  in   public   scliools. 

Sec.  8.  The  nature  of  alcoholic  drinks  and  narcotics,  and 
special  instruction  as  to  their  effects  upon  the  human  system  in  ^^^^  J^^^ 
connection  with  the  several  divisions  of  the  subject  of  physi- ■^■*' 
ology  and  hygiene,  shall  be  included  in  the  branches  of  study 
taught  in  common  or  public  schools  in  the  State  of  Georgia, 
and  shall  be  studied  and  taught  as  thoroughly  and  in  the  same 
manner  as  other  like  required  branches  are  in  said  schools. 

Sec.  9.     It  shall  be  the  duty  of  county  and  city  superintend- 
ents of  schools  receiving  aid  from  the  State  to  report  to  the 


II 


42  CoMPiivATiON  01^  Common  School  Laws. 

State  School  Commissioner  any  failures  or  neglect  on  the  part 
of  the  Boards  of  Education  to  make  provision  for  instruction  of 
all  pupils  in  any  or  all  the  schools  under  their  jurisdiction,  in 
physiology  and  hygiene  (physiology,  which  shall  include  with 
other  hygiene  the  nature  and  effects  of  alcoholic  drinks  and 
other  narcotics  upon  the  human  system),  and  the  Board  of  Edu- 
cation of  each  county  of  this  State  shall  adopt  proper  rules  to- 
carry  the  provisions  of  this  law  into  effect. 

Agriculture    and    Civil  Government  to  be  taug^lit  in    tlie  com  no n 
schools. 

Sec.  II.  The  elementary  principles  of  agriculture  and  the 
elements  of  civil  government  be  included  in  the  branches  of 
study  taught  in  the  common  or  public  schools  in  the  State  of 
Georgia,  and  shall  be  studied  and  taught  as  thoroughly  and  in 
the  same  manner  as  other  like  required  branches  are  studied 
and  taught  in  said  schools. 

Sec.  12.  It  shall  be  the  duty  of  county  commissioners  of  all 
Acts  of      schools  receiving  aid  from  the  State  to  report  to  the  State  School 

1903,  page  °  -^ 

^*-  Commissioner  any  failures  or  neglect  on  the  part  of  their  re- 

spective boards  of  education  to  make  provisions  for  instruction 
of  all  pupils  in  any  and  all  of  the  schools  under  their  jurisdic- 
tion in  said  branches,  and  the  board  of  education  of  each  county 
of  this  State  shall  adopt  proper  rules  to  carry  the  provisions  of 
this  law  into  effect. 
See  Part  xvi,  Note  7. 

Liaur   for  Binding:  out  Cliildrcn. 

Sec.  13.  That  all  minors  may,  by  whichever  parent  has  the 
^ets  of  legal  control  of  them,  be  bound  out  as  apprentices  to  any  re  - 
^-  spectable  person,  imtil  they  attain  the  age  of  twenty-one,  or  for 

a  shorter  period. 

Sec.  14.     It  shall  be  the   duty  of  the  Judge  of  the  County 
is6b,  page  Court,  or  Ordinary,   to  bind  out,   in  like  manner,   all  minors 
whose   parents  are  dead,  or  whose  parents  reside  out  of  the 
county,  the  profits  of  whose  estate  are  insufficient  for  their  sup- 
port and  maintenance ;  also,  all  minors  whose  parents,   from 


It 


Miscellaneous. 

g^,  infirmity  or  poverty,  are  unable  to  support  them  ;  provided, 
hat  before  the  Judge  of  the   County  Court  or  Ordinary  shall 
)ind  out  any   such   minor,   such  Judge  or  Ordinary  shall  give 
ifteen  days'  notice,  a  plainly  written   citation,  calling  upon  all 
)ersons  interested,  to  show  cause  why  such  minor  should  not  be 
)ound  out,  and  specifying  the  time  and  place  when  he  will  pass 
ipon  the  same,  one  of  which  citations  shall  be  posted  on  the 
:ourthouse  door  of  the  county,   and  the  other  at  some  public 
place  in  the  militia  district  in  which  said  minor  may  then  be, 
and  shall  also  cause  copies  of  said    citation  to  be  served  upon 
the  next  of  kin  of  said  minor,  if  any  be  found  in  said  county,  ^^^^  ^^ 
at  least  ten  days  before  the  hearing,   and   if  no  next  of  kin  arejQ^**'  ^^^^ 
found  in  the  county,  then  the  citation  to  be  published  once  a 
week  for  four  weeks  in  the  paper  in  which  the  legal  advertise- 
ments are  published ;  and  in  all  such  cases  the  Judge 'or  Ordi- 
nary shall  appoint  for  such  minor  a  guardian   ad  litem,  before 
binding  him  or  her  out,  which  guardian  ad  litem  shall  not  be  the 
applicant,  or  any  relative  of  his.     After  a  full   hearing,  such 
Judge  or  Ordinary   may  bind  out  such  minor  or  minors,  if  no 
blood  kin  of  said  minor  or  minors  appear,  who  are  willing  and 
competent  to  undertake  his  support  and  maintenance,  and  if  no 
other  good  cause  to  the  contrary  be  shown  by  such  guardian 
ad  litem,  or  any  other  person. 

Note  1.— The  natural  guardian  and  the  Ordinary  of  the  county  shall  in- 
rt  in  the  contract  of  binding  to  secure  the  child  so  bound  such  treatment 
nd  education  as  shall  be  suitable  and  useful  to  its  situation  and  circum- 
stances in  life.     (Code  of  Ga.  Sec.  2375.) 

Note  2.  — Many  homeless  orphans  are  being  cared  for  by  the  Orphans'' 
Homes  that  have  been  established  in  this  State.  Through  adoption,  thei^e 
homes  place  many  of  the  orphans  with  good  families.  For  list  of  Orphan- 
ages see  Report  of  Department  of  Education,  1904,  p.  344. 


» 


l.u\v  tor  Protection  of  Birds, 
ertain  Birds  Protected* 


Section,  i.     That  from  and  after  January  i,  1904,  it  shall  be 
unlawful  for  any  person  in  the  State  of  Georgia  to  kill,  catch  Acts  of 
or  have  in  his  or  her  possession,  living  or  dead,  any  wild  bird  »8. 
other  than  a  game  bird  in  raw  state,  or  to  purchase,  offer  or  ex- 


44  Computation  o^  Common  Schooi.  Laws. 

pose  for  sale,  transport  or  ship,  within  or  without  the  State, 
other  than  stuffed,  or  branched  or  mounted,  any  such  wild  bird 
after  it  has  been  killed  or  caught,  except  as  permitted  by  this 
Act.  No  part  of  the  plumage,  skin  or  body  of  any  bird  pro- 
tected by  this  section  shall  be  sold  or  had  in  possession  for  sale. 
For  the  purposes  of  this  Act  the  following  only  shall  be  con- 
sidered game  birds  :  Swans,  geese,  brant,  river  and  sea  ducks, 
rails,  coot?,  mudhens  and  gallimules,  shore  birds,  plovers,  surf 
birds,  snipe,  woodcock,  sandpipers,  tattlers  and  curlews,  wild 
turkeys,  grouse,  prairie  chickens,  pheasants,  doves,  partridges 
~and  quail. 

Nests  and  Eggs. 

Sec.  2.  It  shall  be  unlawful  for  any  person  within  the  State 
of  Georgia  to  take  or  needlessly  destroy  the  nest  or  eggs  of  any 
wild  non-game  bird,  or  have  such  nest  or  eggs  in  his  or  her 
possession,  except  as  permitted  by  this  Act. 

Certificates  to  collect  for  scientific  purposes. 

Sec.  3.  Sections  i,  2  and  8  of  this  Act  shall  not  apply  to 
any  person  holding  a  certificate  giving  the  right  to  take  birds, 
their  nests  or  eggs,  for  scientific  purposes,  as  provided  for  in 
section  4  of  this  Act. 

Sec.  4.  Certificates  may  be  granted  by  the  Commissioner  of 
Agriculture  to  any  properly  accredited  person  of  the  age  of  fif- 
teen years  or  upward,  permitting  the  holder  thereof  to  collect 
birds,  their  nests  or  eggs,  for  strictly  scientific  purposes  only. 
In  order  to  obtain  such  certificate  the  applicant  for  the  same 
must  present  to  the  person  or  persons  having  the  authority  to 
grant  said  certificate  written  testimonials  from  two  well-known 
scientific  men,  certifying  to  the  good  character  and  fitness  of 
said  applicant  to  be  entrusted  with  such  privilege  ;  must  pay 
the  said  persons  or  officers  one  dollar  to  defray  the  necessary 
expenses  attending  the  granting  of  such  certificate  ;  and  must 
file  with  said  persons  or  officers  a  properly  executed  bond  in  the 
sum  of  two  hundred  dollars,  signed  by  two  responsible  citizens 


ISCEIvLANEOUS. 

of  the  State,  or  an  incorporated  surety  company  as  sureties.  On 
p:  )of  that  the  holder  of  such  certificate  has  killed  any  bird,  or 
ta  ;en  the  nest  or  eggs  of  any  bird,  for  other  than  scientific  pur- 
p<  ses,  his  bond  shall  be  forfeited  to  the  State  and  the  certificate 
be  come  void,  and  he  shall  be  further  subject  for  each  offense  to 
t   epenaldes  provided  therefor  in  section  9  of  this  Act. 

Sec.  5.  The  certificates  authorized  by  this  Act  shall  be  in 
fc  :ce  one  year  only  from  the  date  of  issue  and  shall  not  be  trans- 
h  :able. 

Sec  6.  The  English  or  European  house  sparrow,  great 
h  )rned  owl,  sharp-shinned  hawk,  commonly  known  as  the  little 
b  ue  darter  or  blue  tail,  cooper's  hawk,  known  as  the  big  blue 
d  rter  or  blue  tail,  crow,  lark,  crow -blackbird,  jackdaw  and  rice- 

rd  are  not  included  among  the  birds  protected  by  this  Act. 


i 


omestic  pets. 

Sec.  7.  Nothing  in  this  Act  shall  prevent  the  keeping  of  any 
'^  ild  non-game  bird  in  a  cage  as  a  domestic  pet ;  provided,  that 
s  ich  bird  shall  not  be  sold  or  exchanged,  or  offered  for  sale  or 
e  cchange,  or  transported  out  of  the  State. 

V   ardens— Charg^es  lo  grand  Juries— penalties. 

Sec.  8.  The  judges  of  the  superior  courts  of  the  several 
cxintiesof  this  State  are  authorized  to  appoint  one  or  more 
vardens  whose  duties  it  shall  be  to  enforce  the  provisions  of 
t  lis  Act,  and  who  shall  have  the  same  power  to  make  arrests 
for  violations  of  this  Act  as  the  sheriffs  of  this  State  ;  and  that 
t  le  compensation  of  such  wardens  shall  be  one-half  of  the  fines 
and  forfeitures  imposed  by  the  court  and  paid  by  the  violators, 
the  other  half  to  be  paid  to  the  school  fund  of  the  county  in 
\/hich  the  arrests  are  made.  The  judges  of  the  Superior  Court 
shall  give  the  provisions  of  this  Act  in  special  charge  to  the- 
^  rand  jury  at  each  regular  term  of  the  court. 

Sec.  9.  Any  person  violating  any  of  the  provisions  of  this 
Act  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  convic- 
tion, be  fined  five  dollars  for  each  bird,  living  or  dead,  or  part 
of  bird,  nest  or  set  of  eggs  or  part  thereof,   possessed  in  viola- 


n 


51 


46  Compilation  of  Common   School  Laws. 

tion  of  this  Act,  or  shall  be  imprisoned  not  less  than  five  nor 
more  than  thirty  days  for  each  offense  ;  or  shall  be  subject  to 
both  such  fine  and  imprisonment  at  the  discretion  of  the  court. 

Schools  in  ueiv  couiities^Special   Provisiousf. 

Sec.  15.  The  grand  jury  in  each  new  county  shall  at  the 
1905^  pi  e  ^^^^  session  elect  a  county  board  of  education,  as  now  provided 
by  law,  and  that  said  county  board  of  education  shall  immedi- 
diately  organize,  and  the  said  county  board  of  education  is 
hereby  vested  with  all  the  powers  and  rights  that  are  given 
by  law  to  the  county  board  of  education  in  existing  counties  : 
that  until  the  organization  of  the  county  board  of  education, 
the  school  in  such  a  new  county  shall  remain  under  the  control 
of  the  boards  of  education  of  the  counties  from  which  the  ter- 
ritory to  form  said  new  county  was  taken,  but  immediately  upon 
the  organization  of  the  county  board  of  education  in  said  new 
county  such  control  shall  cease  and  pass  to  the  board  of  edu- 
cation of  the  new  county,  which  shall  be  entitled  to  manage 
and  control  the  schools  within  the  new  county  as  now  provided 
by  law. 

Provided ,  that  in  every  instance  when  a  new  county  has  been 
Acj.sSof  or  hereafter  may  be  created  out  of  the  territory  of  any  one  or 
more  of  the  counties  organized  prior  to  December  i,  1903,  and 
such  old  counties  shall  at  the  time  of  the  approval  of  this  Act 
have  on  hand  either  in  the  Treasury  of  this  State  or  elsewhere 
any  funds  subject  to  the  provisions  of  the  Act  hereby  amended, 
then  such  funds  shall  be  equitably  apportioned  between  such 
new  county  and  the  old  counties  whose  territory  went  to  the 
formation  of  the  new  county,  the  basis  of  apportionment  be- 
tween the  new  county  and  the  old  counties  affected  to  be  the 
school  population  of  said  counties  as  the  same  may  appear  from 
the  record  in  the  office  of  the  State  School  Commissioner,  or 
as  may  be  agreed  upon  by  the  authorities  of  counties  affected. 

Sec.  2.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  it  is  hereby  made  the  duty  of  said  State  School  Commis- 
sioner to  apportion  said  funds  and  to  cause  the  same  to  be  paid 


1906. 


[TsCEI.IyANEOUS. 

)ver  upon  lawful  demand  to  the  respective  counties  entitled 
hereto. 

Sec.  3.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act,  be  and 
the  same  are,  hereby  repealed. 

Isolation    and    <iuaraiitine    in    infectious    diseases   (Extracts   from 
Kiilcs  and  Ueg^ulations   of    State   Board  of  Health.) 

Section  18.  No  parent  or  householder  shall  permit  infected  persons  (or 
persons  exposed  to  infection),  clothing,  bedding,  furniture,  school-books, 
library-books,  or  other  articles  likely  to  convey  infection,  to  be  removed 
from  the  house  until  properly  disinfected,  under  the  supervision  of  the 
local  board  of  health  or  its  proper  officer,  or  where  no  board  exists,  by  the 
attending  physician,  in  the  manner  recommended  by  the  State  Board  of 
iiealth. 

Section  19.  The  isolation  of  patients  and  duration  of  quarantine  in  in- 
fectious diseases  shall  be  as  follows : 

Diphtheria  or  Membhanous  Croup:  For  the  patient — Isolation  for  twen- 
t  ty-one  (21)  days  mom  persons  and  domestic  animals,  and  disinfection  of 
premises.  For  persons  associated  with  or  in  the  house  with  the  patient: 
Adults — Quarantine  until  after  death  or  recovery  of  the  patient  and  disin- 
fection of  premises.  Children — Quarantine  for  seven  (7)  days  after  disin- 
fection of  premises.  Domestic  pets,  particularly  cats,  are  frequent  carriers 
of  this  infection.  That  the  use  of  antitoxine  lessens  the  mortality,  but 
does  not  attenuate  the  virus,  so  that  the  same  length  of  quarantine  should 
be  enforced  whether  antitoxines  are  or  are  not  used. 

Scarlet  Fever  {Scarhtina,  Scarlet  Rash,  Roseola):  Isolation  of  patient 
and  quarantine  of  children  associated  with,  or  in  the  house  with  the  pa- 
tient, for  ten  (10)  days  after  complete  desquamation  or  scaling  of  patient 
and  disinfection  of  premises. 

Smallpox  :  For  the  patient :  Isolation  until  after  all  crusts  or  scales  have 
fallen  off,  and  the  disinfection  of  the  patient's  body  and  the  premises.   For 
L  exposed  persons :  Quarantine  for  sixteen  (16)  days  from  date  of  last  ex- 
P^posure. 

Cholera:  For  the  patient:  Isolation  until  after  complete  recovery  and 
^_  disinfection  of  the  premises.  For  exposed  persons:  Quarantine  for  five 
Hb>(5)  days  from  date  of  last  exposure. 

HI      Yellow  Fever:     Isolation  in  screened  room  (protected  fire-place)  until 
Hff.af  ter  complete  recovery  and  disinfection  of  premises. 

'  Typhus  Fever:    For  the  patient :   Isolation  until  after  complete  recov- 

ery and  disinfection  of  the  premises.   For  exposed  persons:  Quarantine  for 
twenty-one  (21)  days  from  date  of  last  exposure. 

Days  to  be  observed  by  appropriate  exercise** 

January  1— New  Year's  Day. 
January  19— Lee's  Birthday. 


n 


48  Computation  oi^  Common  School  Laws. 

February  12 — Georgia  Day. 
February  22— Washington's  Birthday. 
April  26— Memorial  Day. 
June  3— Davis'  Birthday. 
July  4— Independence  Day. 
September,  First  Monday— Labor  Day. 
November,  Fourth  Thursday— Thanksgiving  Day. 
December,  First  Friday— Arbor  Day. 
December  25— Christmas  Day. 


Uniform  Text-Book  Law. 


49 


PART  XI. 


IJNIFOR.TI  TEXT-BOOK  LAW. 


ichool-bonk  Coniniissioii* 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Georo:ia,  and  it  is  hereby  enacted  by  authority  of  the  Act*?  of 
same,  That  the  State  Board  of  Education,  consisting  of  the^^- 
Governor,  Secretary  of  State,  Comptroller-General,  Attorney- 
General  and  State  School  Commissioner,  be,  and  are,  hereby 
made  the  School-book  Commission  of  the  State  of  Georgia, 
The  members  of  the  said  School-book  Commission  shall  serve 
without  compensation  ;  the  Governor  shall  be  president,  and 
the  State  School  Commissioner  shall  be  the  executive  officer  of 
said  School-book  Commission.  Before  transacting  any  business 
relating  to  the  duties  of  this  commission,  they  shall  each  take 
an  oath  before  some  person  authorized  to  administer  same,  to 
faithfully  discharge  all  the  duties  imposed  upon  them  as  mem- 
fcers  of  the  said  School-book  Commission,  and  that  they  have 
no  interest,  direct  or  indirect,  in  any  contract  that  may  be  made 
1  ^under  this  Act,  and  will  receive  no  personal  benefit  therefrom. 

Uniform  scries  of   tc>xt-books. 

Sec.  2.  Be  it  also  enacted  by  the  authority  aforesaid.  That 
I  prom  and  after  the  first  day  of  January,  1904,  or  such  date  there- 
after, not  more  than  sixty  days,  as  shall  be  deemed  necessary 
and  practicable  by  the  School-book  Commission  to  allow  to  the 
contractors  to  furnish  to  the  schools  of  the  State  the  books  in- 
cluded in  the  contracts  made  by  said  commission  with  such  con- 
tractors, a  uniform  series  of  text-books,  shall  be  used  in  all 
the  common  schools  of  this  State,  to  be  adopted  in  the  manner 
and  for  the  time  hereinafter  provided,  which  uniform  series  of 
books  shall  be  in  use  in  all  the  common  schools  of  this  State, 
and  shall  include  the  following  elementary  branches  of  an  Eng- 
lish education  only,  to  wit :  Orthography,  reading,  writing, 
arithmetic.  Geography,  English  language  lessons,  English  gram- 


H 


4  si 


ho  Computation  of  Common  SchooIv  I^aws. 

taiar,  history  of  Georgia  containing  the  Constitution  of  the  State 
x)f  Georgia,  history  of  the  United  States  containing  the  Consti- 
tution of  the  United  States,  physiology  and  hygiene,  the  ele- 
mentary principles  of  agriculture  and  civil  government,  and 
such  other  branches  of  study  in  addition  to  the  above-mentioned 
as  may  be  from  time  to  time  provided  for  by  statute,  and  not 
conflicting  with  the  Constitution  of  this  State  ;  provided^  that 
none  of  said  text-books  so  adopted  shall  contain  anything  of  a  par- 
tisan or  sectarian  character;  and  provided^  that  no  county,  city  or 
town  that  levies  a  local  tax  for  the  purpose  of  maintaining  a  sys- 
tem of  graded  schools,  which  local  tax,  together  with  the  State 
fund,  is  sufficient  to  maintain  said  system  of  graded  schools, 
for  as  long  a  period  as  eight  months  in  each  year,  shall  be  in- 
cluded in  the  provisions  of  this  Act ;  but  if  the  duly  constituted 
authorities  in  charge  of  any  local  system  in  this  State  should 
desire  to  use  any  of  the  books  selected  by  said  School-book 
Commission,  the  said  local  system  shall  have  the  privilege  of 
buying  said  books  at  the  same  price  and  on  the  same  terms  at 
which  they  are  furnished  to  the  common  schools  of  the  State. 

Sub-commission* 

Sec.  3.  Be  it  further  enacted  by  the  authority  aforesaid.  That 
it  shall  be  the  duty  of  the  said  School-book  Commission  to  elect 
a  sub-commission  of  five,  to  be  selected  from  among  the  teach- 
ers of  the  State  who  are  actively  engaged  in  school  work,  either 
as  normal  school  teachers,  common  school  teachers,  graded 
school  teachers,  county  school  commissioners  or  city  superin- 
tendents ;  provided^  that  no  more  than  one  of  the  members  of 
said  sub-commission  shall  be  taken  from  one  congressional  dis- 
trict. Sample  copies  of  all  books  sent  to  the  said  School-book 
Commission  as  specimen  copies  upon  which  bids  are  to  be  based 
shall  be  referred  to  the  sub-commission  for  examination,  and 
said  sub-commission  shall  examine  and  report  upon  the  merits 
and  demerits  of  the  books  irrespective  of  prices,  taking  into 
consideration  the  subject-matter  of  the  books,  their  printing, 
their  material  and  mechanical  qualities  and  their  general  suit- 
ability and  desirability  for  the  purposes  for  which  they  are  de- 


NiFORM  Text-Book  Law.  51 

Iired  and  intended.  It  shall  further  be  the  duty  of  each  mem- 
)er  of  said  sub-commission  to  make  an  individual  report  to  the 
iaid  School-book  Commission  at  such  time  as  said  commission 
;hall  direct,  arranging  each  book  in  its  class,  and  reporting  them 
n  the  order  of  their  merit,  pointing  out  the  merits  and  de- 
merits of  each  book,  and  indicating  what  books  he  recommends 
for  adoption  first,  what  book  is  his  second  choice,  and  what  his 
third  choice,  and  so  on,  pursuing  this  plan  with  the  books  sub- 
mitted upon  each  branch  of  study  ;  and  if  any  member  of  said 
sub-commission  shall  consider  different  books  upon  the  same 
subject  or  of  the  same  class  or  division  of  approximately  equal 
merit,  all  things  being  considered,  he  shall  so  report,  and  if  he 
thinks  that  any  of  the  books  offered  are  of  such  character  as 
to  make  them  inferior  and  not  worthy  of  adoption,  he  shall,  in 
his  report,  designate  such  books,  and  in  said  report  each  mem- 
H  .T^er  of  said  sub-commission  shall  make  such  recommendation 
and  suggestions  to  the  said  School-book  Commission  as  he  shall 
deem  advisable  and  proper  to  make.  Said  individual  reports 
of  the  different  members  of  the  sub-commission  shall  be  kept 
H  Isecret  and  sealed  and  shall  be  delivered  to  the  Secretary  of  the 
-  State,  and  said  report  shall  not  be  opened  until  the  said  School- 
book  Commission  shall  meet  in  executive  session  to  open  and 
consider  the  bids  or  proposals  of  publishers  and  others  desiring 
to  have  books  adopted  by  said  commission.  Each  member  of 
said  sub-commission,  before  entering  upon  the  duties  of  said 
sub-commission,  shall  take  and  subscribe  to  an  oath  to  act  hon- 
stly,  conscientiously  and  faithfully,  and  that  he  is  not  directly 
or  indirectly  in  any  manner  interested  in  any  of  the  proposed 
^■contracts,  nor  in  any  book  or  publishing  concern^of  any  kind 
r  character,  and  that  he  will  examine  all  books  submitted 
carefully  and  faithfully,  and  make  true  reports  thereon,  as 
herein  directed  and  prescribed  ;  said  oath  shall  be  filed  in  the 
office  of  the  Secretary  of  State.  Said  School-book  Commission 
shall  hear  and  consider  said  reports  of  the  members  of  the  sub- 
commission  in  its  selection  and  adoption  of  the  uniform  series 
of  text-books,  and  shall  also  themselves  consider  the  merits  of 


o 

It: 


H 


62  Compilation  of  Common   School  Laws. 

the  books,  taking  into  consideration  the  subject-matter,  the 
printing,  binding  and  material  and  mechanical  qualities  and 
their  general  suitability  and  desirability  for  the  purposes  in- 
tended, and  the  price  of  said  books ;  and  they  shall  give  due 
consideration  and  great  weight  to  the  reports  and  recommenda- 
tions of  the  sub-commission  ;  provided^  that  no  text-book,  the 
subject-matter  of  which  is  of  inferior  quality,  shall  be  adopted 
by  the  said  School-book  Commission.  Said  School-book  Com- 
mission shall  select  and  adopt  such  books  as  will,  in  their  best 
judgment,  accomplish  the  ends  desired.  When  the  said  School- 
book  Commission  shall  have  finished  with  the  reports  of  said 
sub-commission,  the  individual  reports  of  the  members  of  said 
sub-commission  shall  be  filed  and  preserved  in  the  office  of  the 
State  School  Commissioner,  and  shall  be  open  at  all  times  for 
public  inspection. 

Bids. 

Sec.  4.  Be  it  further  enacted,  That  the  said  School-book 
Commission  shall  meet  in  the  office  of  the  vState  School  Com- 
missioner not  later  than  September  i,  1Q03,  and  advertise  in 
such  manner  and  form  as  they  may  deem  best,  that,  at  a  time 
to  be  fixed  by  said  commission  to  be  named  in  the  advertise- 
ment, and  not  to  be  later  than  November  i,  1903,  said  School- 
book  Commission  will  receive  at  the  office  of  the  State  School 
Commissioner,  in  the  city  of  Atlanta,  sealed  bids  or  proposals 
from  the  publishers  of  school-books  for  furnishing  books  to  the 
public  common  schools  of  the  State  of  Georgia  through  agencies 
established  by  said  publishers  in  the  several  counties  and  places 
in  counties  in  the  State,  as  may  be  provided  for  in  such  regula- 
tions as  said  School-book  Commission  may  adopt  and  prescribe. 
The  bids  or  proposals  shall  be  for  furnishing  the  books  specified 
for  a  period  of  five  years,  and  no  longer.  Said  bids  or  proposals 
shall  state  specifically  and  clearly  the  retail  price  at  which  each 
book  will  be  furnished,  and  also  the  exchange  price  for  the  in- 
troduction of  such  books.  Each  bid  or  proposal  shall  be  accom- 
panied by  specimen  copies  of  each  and  all  books  to  be  furnished 


Uniform  Text-Book  Law.  53 

i:  said  bid  ;  and  it  shall  be  required  that  each  bidder  shall 
d  posit  with  the  Treasurer  of  the  State  of  Georgia  a  sum  of 
1]  oney  such  as  the  said  School-book  Commission  may  require, 

0  not  less  than  five  hundred  dollars,  and  not  more  than  twenty- 
f;  /e  hundred  dollars,  according  to  the  number  of  books  each 

1  dder  may  propose  to  supply,  and  buch  deposit  shall  be  for- 
f  ited  absolutely  to  the  State  if  the  bidder  shall  fail  or  refuse  to 
1  lake  and  execute  such  contract  or  bond  as  is  hereinafter  re- 

<  aired  within  such  time  as  the  said  School-book  Commission 
1  lay  require,  which  time  shall  not  be  later  than  January  i,  1904, 
i  nd  shall  also  be  stated  in  said  advertisement.  All  bids  shall 
1  e  sealed  and  deposited  with  the  Secretary  of  State,  to  be  by 
1  im  delivered  to  the  said  School-book  Commission  when  they 
'<  re  in  executive  session  for  the  purpose  of  considering  the  same, 
^ /hen  they  shall  be  opened  in  the  presence  of  said  School-book 

<  'ommission  ;  provided^  that  the  Sdiool-book  Commission  shall 
1  ave  authority,  upon  the  acceptance  of  any  bid  and  the  execu- 
1  ion  of  any  contract  to  furnish  school-books  under  the  provi- 
sions of  this  Act,  to  allow  such  time,  after  January  i,  1904,  as 
may  be  deemed  by  said  commission  reasonable  and  necessary 

li^ot  more  than  sixty  days),  to  the  contractor  making  such  bid 
or  contract,  within  which  to  furnish  to  all  the  schools  of  this 
State  coming  under  the  provisions  of  this  Act,  with  all  the 
l)ooks  contracted  to  be  furnished. 

P|doptioii— contracts— forfeitures  and  recoveries  on  Bonds. 

Sec.  5.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  it  shall  be  the  duty  of  said  School-book  Commission  to 
aieet  at  the  time  and  place  noted  in  said  advertisement  and  take 
out  the  specimen  copies  submitted  and  upon  which  the  bids  are 
based,  and  refer  and  submit  them  to  the  sub-commission  as  pro- 
vided for  and  directed  in  section  3  of  this  Act,  with  instruction 
to  the  s^id  sub-commission  to  report  to  them  at  a  specified  time 
with  their  reports,  classifications  and  recommendations  as  pro- 
vided in  section  3.  When  the  said  reports  are  submitted  it  shall 
be  the  duty  of  the  said  School-book  Commission  to  open  and 

amine  all  sealed  proposals  submitted  and  received  in  pursu- 


H 


54  Compilation  of  Common  School  Laws. 

ance  of  the  notice  provided  in  section  4  of  this  act.  It  shall 
then  be  the  duty  of  said  School-book  Commission  to  examine 
and  consider  carefully  all  such  bids  or  proposals,  together  with 
the  reports  and  recommendations  of  the  members  of  the  sub- 
commission,  and  determine,  in  the  manner  provided  in  section 
3  of  this  Act,  what  book  or  books  upon  the  branches  herein 
above  mentioned,  or  that  hereafter  may  be  added  by  said  School- 
book  Commission,  or  may  be  hereinafter  provided  for  in  this 
Act,  shall  be  selected  and  adopted,  taking  into  consideration  the 
size,  quality  as  fo  subject-matter,  material,  printing,  binding, 
and  the  mechanical  execution  and  price  and  the  general  suita- 
bility for  the  purposes  desired  and  intended.  And  after  such 
adoption  shall  have  been  made,  the  said  School-book  Commis- 
sion shall,  by  registered  letter,  notify  the  publishers  or  proposers 
to  whom  contracts  have  been  awarded,  and  it  shall  then  be  the 
duty  of  the  Attorney-General  of  the  State  to  prepare  the  said 
contract  or  contracts  in  accordance  with  the  terms  and  provi- 
sions of  this  Act,  and  the  said  contract  shall  be  executed  by  the 
Governor  and  attested  by  the  Secretary  of  State  with  the  seal 
of  the  State  attached  upon  the  part  of  the  State  of  Georgia,  and 
the  said  contract  shall  be  executed  in  triplicate,  one  copy  to  be 
kept  by  the  contractor,  one  copy  by  the  School-book  Commis- 
sion, and  copied  in  full  upon  the  minute-book  of  the  commis- 
sion, and  one  copy  to  be  filed  in  the  office  of  the  Secretary  of 
State.  At  the  time  of  the  execution  of  the  contract  aforesaid, 
the  contractor  shall  enter  into  a  bond  in  the  full  sum  of  not  less 
than  one  thousand  dollars  nor  more  than  twenty  thousand  dol- 
lars, payable  to  the  State  of  Georgia,  the  amount  of  said  bond 
within  said  limits  to  be  fixed  by  said  School-book  Commission, 
conditioned  upon  the  faithful,  honest  and  exact  performance  of 
said  contracts,  and  shall  further  provide  for  the  payment  of  rea- 
sonable attorney's  fees  in  case  of  recovery  on  any  suit  upon  the 
same,  with  three  or  more  good  and  solvent  sureties,  actual  citi- 
zens and  residents  of  the  State  of  Georgia,  or  any  guarantee 
company  authorized  to  do  business  in  the  State  of  Georgia  may 
become  the  surety  on  the  said  bond  ;  and  it  shall  be  the  duty  of 


w5oRi^TEXT-BooK  Law.  55 

the  Attorney-General  to  prepare  and  approve  said  bond  ;  pro- 
vided, hoivever^  that  said  bond  shall  not  be  executed  in  a  single 
recovery,  but  may  be  sued  upon  from  time  to  time,  until  the 
full  amount  thereof  shall  be  recovered  ;  and  the  said  School- 
book  Commission  may,  at  any  times,  by  giving  thirty  days'  no- 
tice, require  additional  security  or  additional  bond  within  the 
limits  prescribed.  And  when  any  persons,  firm  or  corporation 
shall  have  been  awarded  a  contract  and  submitted  therewith 
the  bond  as  required  hereunder,  the  said  School-book  Commis- 
sion, through  its  secretary,  shall  so  inform  the  Treasurer  of  the 
State,  and  it  shall  then  be  the  duty  of  the  Treasurer  of  the  State 
to  return  to  such  contractor  the  cash  deposit  made  by  him  ;  and 
the  said  School-book  Commission,  through  its  secretary,  shall 
inform  the  Treasurer  of  the  State  of  the  names  of  the  unsuc- 
cessful bidders  or  proposers,  and  the  Treasurer  of  the  State 
shall,  upon  receipt  of  this  notice,  return  to  the  unsuccessful 
bidders  or  proposers  the  amount  deposited  in  cash  by  the  unsuc- 
cessful bidders  or  proposers  at  the  time  of  the  submisson  of  their 
bids.  But  should  any  person  or  persons,  firm,  company  or  corpora- 
tion fail  or  refuse  to  execute  the  contract  and  submit  therewith 
his  bond  as  required  by  this  Act  within  thirty  days  of  the  award- 
ing of  the  contract  to  him  and  the  mailing  of  the  registered 
letter  containing  the  notice  (and  it  is  hereby  provided  that  the 
mailing  of  the  registered  letter  shall  be  sufficient  evidence  that 
the  notice  was  given  and  received),  the  said  cash  deposit  shall 
be  deemed  and  declared  forfeited  to  the  State  of  Georgia,  and  it 
shall  be  the  duty  of  the  Treasurer  to  place  said  cash  deposit  in 
the  treasury  of  the  State  to  the  credit  of  the  school  fund;  and 
provided  further,  that  any  recovery  had  on  any  bond  given  by 
any  contractor  shall  inure  to  the  benefit  of  the  school  fund  of 
the  State,  and  when  collected  shall  be  placed  in  the  treasury  to 
the  credit  of  the  school  fund  and  be  prorated  among  the  several 
counties  of  the  State. 

standard  of  books— prices— excli  inp^e  price. 

Sec.  6.     Be  it  further  enacted  by  the  authority  aforesaid  > 
That  the  books  furnished  under  any  contract  shall  be  equal  in 


56  '  CoMPiivATiON  OF  Common  School  Laws. 

all  respects  to  the  specimen  or  sample  copies  furnished  with  the 
bids;  and  it  shall  be  the  duty  of  the  Secretary  of  State  to  pre- 
serve in  his  office,  as  the  standards  of  quality  and  excellence  to 
be  maintained  in  such  books  during  the  continuance  of  such 
contract,  the  specimen  or  sample  copies  of  all  books  which  have 
been  the  basis  of  any  contract,  together  with  the  original  bid  or 
proposal.  It  shall  be  the  duty  of  all  contractors  to  print  plainly 
on  the  back  of  each  book  the  contract  price  as  well  as  the  ex- 
change price  at  which  it  is  agreed  to  be  furnished,  but  the  books 
submitted  as  sample  or  specimen  copies  with  the  original  bids 
shall  not  have  the  price  printed  on  them  before  they  are  sub- 
mitted to  the  sub-commission.  And  the  said  School-book  Com- 
mission shall  not  in  any  case  contract  with  any  person,  publisher 
or  publishers  for  the  use  of  any  book  or  books  which  are  to  be 
or  shall  be  sold  to  patrons  for  use  in  any  public  school  in  this 
State  at  a  price  above  or  in  excess  of  the  price  at  which  such 
book  or  books  are  furnished  by  said  person,  publisher  or  pub- 
lishers under  contract  to  any  State,  county  or  school  district  in 
the  United  States  under  like  conditions  prevailing  in  that  State 
and  in  this  Act;  and  it  shall  be  stipulated  in  each  contract  that 
the  contractor  is  not  now  furnishing,  under  contract,  any  State, 
county  or  school  district  in  the  United  States  where  like  condi- 
tions prevail  as  are  prevailing  in  this  State  and  under  this  Act, 
the  same  book  or  books  as  are  embraced  in  said  contract  at  a 
price  lower  or  less  than  the  prices  stipulated  in  the  said  con- 
tract ;  and  that  in  case  said  contractors  shall  hereafter,  during 
the  term  of  said  contract,  contract  to  furnish,  or  furnish,  to  any 
State,  county  or  school  district  such  book  or  books  at  a  lower 
price  than  that  named  in  the  contract,  such  lower  price  shall 
become  the  price  of  such  book  or  books  under  the  contract 
entered  into  with  the  said  School-book  Commission.  And  the 
said  School-book  Commission  is  hereby  authorized  and  directed 
at  any  time  they  find  that  any  book  or  books  are  being  sold  at 
a  lower  price,  under  contract,  to  any  State,  county  or  school  dis- 
trict aforesaid,  to  sue  upon  the  bond  of  said  contractor  and 
recover  the  difference  between  the  contract  price  and  the  lower 


IF 

tl: 

I 


Uniform  Text-Book  Law.  57 

irice  at  which  they  find  the  books  are  being  sold.  And  in  case 
my  contractor  shall  fail  to  execute  specifically  the  terms  and 
jrovisions  of  his  contract,  said  School-book  Commission  is 
lereby  authorized,  empowered  and  directed  to  bring  suit  upon 
;he  bond  of  such  contractor  for  the  recovery  of  any  and  all 
iamages,  the  suit  to  be  in  the  name  of  the  State  of  Georgia  and 
he  recovery  for  the  benefit  of  the  public  school  fund.  But 
lothing  in  this  Act  shall  be  construed  so  as  to  prevent  said 
School-book  Commission,  and  any  other  contractor  agreeing 
;hereto,  from  in  any  manner  changing  or  altering  any  contract, 
provided  four  members  of  the  State  School-book  Commission 
shall  agree  to  the  change  and  think  it  advisable  and  for  the  best 
interest  of  the  public  schools  of  the  State.  In  all  other  matters 
a  majority  of  said  School-book  Commission  shall  control. 

Sec.  7.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  it  shall  be  always  a  part  of  the  terms  and  conditions  of  any 
contract  made  in  pursuance  of  this  Act,  the  State  of  Georgia 
shall  not  be  liable  to  any  contractor,  in  any  manner,  for  any 
sum  whatever  ;  but  all  such  contractors  shall  receive  their  pay 
or  consideration  in  compensation  solely  and  exclusively  derived 
from  the  proceeds  of  the  sale  of  books,  as  provided  for  in  this 
Act ;  provided fiirther,  that  the  said  School-book  Commissiori 
shall  stipulate  in  the  contract  for  the  supplying  of  any  book  or 
books,  as  herein  provided,  that  the  contractor  or  contractors 
shall  take  up  the  school-books  now  in  use  in  this  State  and 
receive  the  same  in  exchange  for  new  books  at  a  price  not  less 
than  fifty  per  cent,  of  the  contract  price  ;  but  the  exchange 
period  shall  not  extend  beyond  the  limit  of  one  year  from  time 
of  the  expiration  of  contracts  existing  in  counties  in  which  such 
said  change  shall  be  required  under  this  Act.  And  each  person 
or  publisher  making  any  bid  for  the  supplying  of  any  books 
hereunder  shall  state  in  such  bid  or  proposal  the  exchange  price 
t  which  such  book  or  books  shall  be  furnished. 


ids  niuy  be  rrjecfcd. 

Skc.  8.   Be  it  further  enacted  by  the  authority  aforesaid.  That 
the  said  School-book  Commission  shall   have  and  reserve  the 


58  Compilation  of  Common  SchooIv  Laws. 

right  to  reject  any  and  all  bids  or  proposals  if  said  commission 
be  of  the  opinion  that  any  or  all  bids  should,  for  any  reason,  be 
rejected  ;  and  in  case  they  fail  from  among  the  bids  or  proposals 
submitted  to  select  any  book  or  books  upon  any  of  the  branches 
of  study  herein  provided  for  in  this  Act,  they  may  readvertise 
for  sealed  bids  or  proposals  under  same  terms  and  conditions 
as  before,  and  proceed  in  their  investigation  in  all  respects  as 
they  did  in  the  first  instance  and  as  required  by  the  terms  and 
provisions  of  this  Act. 

Proclamation  by  tbe  Go-rernor. 

Sec.  9.  Be  it  further  enacted  by  the  authority  aforesaid.  That 
as  soon  as  said  commission  shall  have  entered  into  a  contract 
or  contracts  for  the  furnishing  or  supplying  of  books  for  use  in 
the  public  schools  of  this  State,  it  shall  be  the  duty  of  the  Gov- 
ernor to  issue  his  proclamation  announcing  such  fact  to  the 
people  of  the  State. 

Depositories. 

Sec.  id.  Be  it  further  enacted  by  the  authoritj^  aforesaid^ 
That  the  party  or  parties  with  whom  the  contract  or  contracts 
shall  be  made  shall  establish  and  maintain  in  some  city  in  this 
State  a  depository  where  a  stock  of  their  books  sufficient  to 
supply  all  the  immediate  demands  shall  be  kept.  They  shall 
also  establish  and  maintain  not  less  than  one  nor  more  than 
three  agencies  in  every  county  in  the  State  as  the  State  School- 
book  Commission  shall  deem  advisable  and  demand,  for  distri- 
bution of  the  boolcs  to  the  patrons  ;  but  the  contractors  shall 
also  be  permitted  to  make  arrangements  with  merchants  or 
others  for  the  handling  and  distribution  of  the  book>«\  Any 
party  not  living  conveniently  near  an  agency  or  county  deposi- 
tory may  order  any  books  desired  from  the  central  depository 
direct,  and  it  shall  be  the  duty  of  the  contractor  to  deliver  any 
book  or  books  so  ordered  to  the  person  so  ordering  to  his  post- 
office  address,  freight,  express,  postage  or  other  charges  prepaid^ 
at  the  retail  contract  price  ;  provided^  that  the  price  of  the  book 
or  books  so  ordered  shall  be  paid  in  advance.     All   books  shall 


Uniform  Text-Book  Law.  59 

be  sold  to  tlie  consumer  at  the  retail  contract  prices,  and  on  the 
cover  of  each  book  shall  be  printed  the  following  :  ' '  The  price 
printed  hereon  is  fixed  by  a  State  contract,  and  any  deviation 
therefrom  shall  be  reported  to  your  county  school  commissioner 
or  to  the  State  School  Commissioner  at  Atlanta";  and  it  is 
expressly  provided  that  should  any  party  contracting  to  furnish 
books  as  provided  for  in  this  Act  fail  to  furnish  them,  or  oth- 
wise  breach  his  contract,  in  addition  to  the  right  of  the  State  to 
sue  on  the  bond  herein  above  required,  the  county  board  of  ed- 
ucation may  sue  in  the  name  of  the  State  of  Georgia  in  any 
court  having  jurisdiction  and  recover  on  the  bond  of  the  con- 
tractor the  full  value  of  the  books  so  failed  to  be  furnished,  for 
the  use  and  benefit  of  the  school  fund  of  the  county ;  provided^ 
that  the  right  of  action  given  to  the  county  board  of  education 
shall  be  limited  to  breaches  of  the  contract  committed  in  that 
county. 

Po-vrers  of  Commission. 

Sec.  II.  Be  it  further  enacted  by  the  authority  aforesaid ^ 
That  the  said  School-book  Commission  may  from  time  to  time 
make  any  necessary  regulations  not  contrary  to  the  provisions 
of  this  Act,  to  secure  the  prompt  distribution  of  the  books 
herein  provided  for  and  the  prompt  and  faithful  execution  of 
all  contracts ;  and  it  is  expressly  now  provided  that  said  com- 
mission shall  niaintain  its  organization  during  the  five  years  of 
the  continuance  of  the  contract,  and  after  the  expiration  of  the 
same  to  renew  such  of  them  as  they  deem  advisable,  or  readver- 
tise  for  new  bids  or  proposals  as  required  by  this  Act  in  the 
first  instance,  and  enter  into  such  other  contracts  as  they  may 
deem  for  the  best  interest  of  the  patrons  of  the  public  schools 
of  the  State  ;  provided^  that  any  contract  entered  into  or  renewed 
shall  be  for  the  term  of  five  years. 

Notice  by  State  Sclio«l  Commissioner. 

Sec.  12.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  as  soon  as  practicable  after  the  adoption  provided  for  in 
this  Act,  the  State  School  Commissioner  shall  issue  a  circular 


60  Computation  of  Common  School  Laws. 

letter  to  each  county  school  commissioner  and  city  superinten- 
dent in  the  State,  and  to  such  others  as  he  may  desire  to  send 
it,  which  letter  shall  contain  the  list  of  books  adopted,  the  prices, 
location  of  agencies,  method  of  distribution,  and  such  other 
information  as  he  may  deem  necessary. 

Books  adopted  to    be  used  to  exclusion  of  others— Supplementary 
readers. 

Sec.  13.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  the  books  adopted  under  the  provisions  of  this  Act  shall 
be  used  to  the  exclusion  of  all  others  on  the  same  subject  in  all 
the  public  common  schools  of  the  State ;  provided,  that  supple- 
mentary readers  may  be  used  in  any  of  the  common  schools 
of  the  State,  but  even  supplementary  readers  shall  not  be  used 
until  after  the  regular  readers  prescribed  have  been  completed  > 
and  in  no  case  shall  supplementary  readers  be  used  to  the  ex- 
clusion of  the  regular  readers  adopted  under  this  Act. 

Sec.  14.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  any  person  or  persons  violating  the  preceding  section  of 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars 
nor  more  than  twenty-five  dollars. 

Penalties  for  violation  of  la^r. 

Sec.  15.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  if  any  county  school  commissioner  fails  or  refuses  to  en- 
force the  provisions  of  this  Act,  said  county  shall  receive  no 
part  of  the  public  school  fund  of  the  State  of  Georgia  until  the 
provisions  of  this  Act  have  been  complied  with.  Any  teacher 
of  a  public  common  school  in  this  State  violating  the  provisions 
of  this  Act  shall  not  receive  any  salary  so  long  as  he  or  she  shall 
fail  to  carry  out  the  provisions  of  this  Act.  Any  teacher  who 
shall  use  or  permit  to  be  used  in  his  or  her  school  any  text-book 
upon  the  branches  embraced  in  this  Act,  where  the  commission 
has  adopted  a  book  upon  that  branch,  other  than  the  one  so 
adopted  (except  it  be  supplementary  readers,  as  provided  in  sec- 
tion 13)  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished 
as  provided  in  section  14  of  this  Act. 


I 
I 


I 


Uniform  Text-Book  Law.  61 

Sec.  1 6.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  if  any  local  agent,  dealer,  clerk  or  other  person  handling 
or  selling  the  books  adopted  under  this  Act  shall  demand  or 
receive  for  any  copy  of  any  of  the  books  herein  provided  for, 
more  than  the  contract  price  in  cases  where  the  purchase  is  for 
cash,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  for  each  offense  be  punished  by  fine  not  less  than  fifty  nor 
more  than  two  hundred  dollars. 

Appropriation  for  expenses  of  adoption. 

Sec.  17.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  sum  of  one  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  to  be  paid  out  of  the  public  school  fund,  be,  and 
is,  hereby  appropriated  for  the  purpose  of  paying  the  cost  and 
expense  of  carrying  into  effect  the  provisions  of  this  Act. 

Per  diem  and    expenses  of  members  of  sub-commission. 

Sec.  r8.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  said  School-book  Commission  shall  serve  without  compen- 
sation, and  the  members  of  the  sub-commission  of  five  shall  be 
paid  a  per  diem  of  four  dollars  per  day  during  the  time  they  are 
actually  engaged,  not  to  exceed  thirty  days,  and  in  addition 
shall  be  repaid  all  money  actually  expended  by  them  in  the  pay- 
ment of  necessary  expenses,  to  be  paid  out  of  the  public  school 
fund,  and  they  shall  make  out  and  swear  to  an  itemized  state- 
ment of  such  expenses. 

Terms  of  contract. 

Sec.  19.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  adoptions  made  under  the  provisions  of  this  Act  shall 
continue  for  five  years  from  the  first  day  of  January',  1904,  and 
any  adoption  of  books  made  after  this  time  shall  terminate  with 
all  other  adoptions  on  the  first  day  of  January,  1904,  and  that 
all  contracts  for  school-books  made  t>y  county  boards  of  educa- 
tion now  existing  and  extending  beyond  the  first  day  of  January, 
1904,  shall  not  be  affected  by  this  Act,  but  no  new  contracts 
shall  be  made  after  the  passage  of  this  Act  by  any  county  board 


l_ 


62  Compilation  o^  Common  SchooIv  Laws. 

of  education,  or  by  the  board  of  education  of  any  city  or  town 
in  this  State,  except  the  boards  of  education  in  Georgia  having 
Tinder  their  control  a  system  of  graded  schools  in  part  supported 
by  local  taxation  and  maintained  for  at  least  eight  months  in 
each  year. 

Repealing^   clause. 

Sec.  20.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be,  and 
the  same  are,  hereby  repealed. 

Approved  August  13,  1903. 


Local,  Tax  Law. 


63 


PART  XII. 
AN  ACT 

(As  Amended  August,  J  906.) 


I.OCAL  TAX  DISTRICT  SCHOOLS  AND  liOCAL.  TAX  BY  COU.^iTlES. 

County  Boards  to  lay  off  scliool  districts. 

'  Section  i.  Be  it  enacted  by  the  General  Assembly  of  Georgia, 
and  it  is  hereby  enacted  by  authority  of  the  same,  That  within 
thirty  days  after  the  passage  of  this  Act,  or  as  soon  thereafter  as 
practicable,  it  shall  be  the  duty  of  the  County  Board  of  Educa- 
tion of  each  county  in  Georgia  to  lay  off  the  county  in  school  dis- 
tricts, the  lines  of  which  shall  be  clearly  and  positively  defined 
by  boundaries  such  as  creeks,  public  roads,  land  lots,  district  lines 
or  county  lines.  The  school  district  thus  marked  out  shall  con- 
tain an  area  of  not  less  than  sixteen  square  miles,  and,  when  prac- 
ticable, shall  be  so  shaped  as  to  have  the  school  building  as  near 
the  center  as  possible,  and  no  territory  shall  be  included  whose 
occupants  reside  farther  than  three  miles  from  the  school-house 

■  I  without  written  petition  of  two-thirds  of  the  qualified  voters 

therein;  provided,  that  the  Board  of  Education  may  have  the 
right  to  establish  districts  with  areas  less  than  sixteen  square 
miles  where  there  are  natural  causes  or  local  conditions  that  make 
it  necessary  to  do  so.  The  natural  causes  which  will  permit  the 
creation  of  smaller  districts  are  mountains,  streams  over  which 
there  are  no  bridges,  and  dangerous  roads.  Local  conditions 
which  will  permit  the  creation  of  small  districts  must  be  deter- 
mined by  the  Board  of  Education. 

In  counties  having  incorporated  towns,  now  lev}^ing  a  local 
I        tax  for  educational  purposes  and  operating  a  public-school  sys- 

■  ■  tern  under  their  town  charter  or  special  Act  of  the  Legislature, 

the  County  Board  of  Education,  with  the  consent  of  the  munici- 
pal authorities,  may  create  a  school  district  larger  than  the  in- 


R 


64  Compilation  of  Common   School.  Laws. 

cprporated  limits  of  the  town  by  adding  adjacent  territory  not 
already  included  in  the  incorporated  limits,  and  the  district  thus 
marked  out  shall  become  a  school  district  upon  the  vote  of  the 
people  as  hereinafter  provided,  but  such  school  district,  including 
incorporated  towns  having  a  population  of  four  thousand  or  more, 
shall  be  and  remain  under  the  exclusive  supervision  and  direction 
of  the  school  boards  of  the  previously  chartered  schools  in  said 
class  of  incorporated  towns  and  not  under  supervision  of  County 
Board  of  Education;  and  the  school  boards  of  such  chartered 
schools  in  incorporated  towns  shall  be  trustees  of  said  school  dis- 
trict under  this  Act;  provided  further,  that  if  there  be  located 
in  such  school  districts  a  chartered  school  controlled  by  a  board 
of  stockholders  or  by  board  of  directors  elected  by  them,  the 
management  and  control  of  said  chartered  school  shall  remain 
in  them,  and  they  shall  have  all  the  rights  and  privileges  of  this 
Act  to  collect  local  taxes  as  hereinafter  provided  in  this  Act,,  and 
to  receive  the  share  of  the  State  public  school  fund.  A  map  of 
the  county  thus  laid  off,  plainly  outlining  the  boundaries  of  the 
school  district  with  full  description  thereof,  shall  be  filed  with  the 
ordinary  within  forty  days  after  the  passage  of  this  Act,  or  as 
soon  thereafter  as  practicable,  and  the  boundaries  of  said  school 
districts  shall  not  be  altered  any  oftener  than  two  years.  The 
County  Board  of  Education  in  laying  off  the  county  shall  disre- 
gard any  school  districts  embracing  territory  not  included  in  in- 
corporated towns  heretofore  created  by  special  Act  of  the  Legis- 
lature. The  failure  of  any  County  Board  of  Education  to  com- 
ply with  the  requirements  of  this  section  within  six  months  after 
the  passage  of  this  bill,  shall  operate  to  annul  their  commissions, 
and  vacancies  thus  created  shall  be  filled  as  the  law  requires  such 
vacancies  to  be  filled. 

Election  of  Trustees. 

Sec.  2.  Be  it  further  enacted.  That  -within  ninety  days  after 
the  Board  of  Education  has  laid  off  the  county  as  required  in  sec- 
tion I,  the  said  Board  of  Education  shall  order  the  citizens  of  the 
several  school  districts  to  hold  an  election  for  the  purpose  of  elect- 
ing three  trustees  for  each  district  in  the  county.     Said  election 


I 


,0CAi.  Tax  LaWT 

^all  be  held  at  a  time  and  place,  and  in  a  manner  prescribed  by 
he  County  Board  of  Education.  The  said  trustees  shall  be  in- 
jelligent  citizens  of  good  moral  character  who  are  known  to  be 
jarnest  supporters  of  public  education,  and  they  shall  serve  one 
jor  three  years,  one  for  two  years,  and  one  for  one  year,  as  the 
bounty  Board  of  Education  may  determine.  The  notice  of  their 
election  shall  be  filed  by  the  election  managers  with  the  County 
School  Commissioner,  who  shall  submit  the  same  to  the  County 
Board  of  Education  for  their  approval.  After  the  said  local 
Board  of  Trustees  have  been  approved  and  properly  commis- 
iioned  by  the  County  Board  of  Education,  it  shall  meet  imme- 
diately and  organize  by  electing  one  of  its  members  president,  and 
one  secretary  and  treasurer.  If  the  County  Board  of  Education 
should  consider  any  member  or  members  unqualified  for  the 
l^rork,  they  shall  refuse  to  confirm  the  election  of  such  member  or 
members  and  require  the  citizens  of  a  district  at  a  time  and  place, 
and  in  a  manner  prescribed  by  the  County  Board  of  Education, 
lo  elect  others.  At  the  expiration  of  the  term  of  of^ce  of  the 
piembers  thus  elected  the  citizens  of  the  district  shall  meet  at  a 
time  and  place,  and  in  a  manner  prescribed  by  the  County  Board 
of  Education,  and  elect  their  successors,  who  must  be  approved 
by  the  County  Board  of  Education  as  hereinbefore  provided,  and 
the  election  shall  be  for  a  term  of  three  years.  If  any  member 
should  refuse  to  act,  or  should  be  guilty  of  any  conduct  unbe- 
coming the  dignity  of  a  school  trustee,  the  County  Board  of  Edu- 
ction shall  have  the  right,  upon  a  written  complaint  of  a  ma- 
jority of  the  voters  of  the  district  to  remove  said  member  and 
have  his  successor  elected  as  hereinbefore  provided.  But  no  trus- 
tee shall  be  removed  from  oflfice  without  sufficient  proof,  and  he 
shall  be  served  with  a  copy  of  such  complaint  at  least  ten  days 
prior  to  the  day  set  for  the  hearing,  when  such  trustee  shall  be 
afforded  an  opportunity  to  be  heard  in  his  defense. 

ouiity    election :    bow    ordered,    ivlto   hhall    vote— limit   to   rate    of 
tion. 


Sec.  3.     Be  it  further  enacted,  That  whenever  the  citizens  of 
y  county  wish  to  supplement  the  public  fund  received  from  the 

5  8l 


66  Compilation  of  Common  School  Laws. 

State  by  levying  a  tax  upon  the  property  of  the  county,  it  shall 
be  the  duty  of  the  ordinary  to  order  an  election,  not  earlier  than 
twenty  days,  nor  later  than  sixty  days,  after  receiving  a  petition 
of  one-fourth  of  the  qualified  voters  of  the  county;  and  notice 
of  the  same  shall  be  published  in  at  least  three  weekly  issues  of 
the  county  newspaper  in  which  legal  advertisements  of  the  county 
are  published.  Said  elections  shall  be  held  as  ordinary  county 
elections  are  held.  Those  favoring  the  levying  of  the  local  tax 
shall  vote  for  "Local  tax  for  public  schools";  those  opposed  shall 
vote  ''Against  local  tax  for  public  schools."  The  returns  of  said 
election  shall  be  made  to  the  ordinary  of  the  county,  who  shall  de- 
clare the  results,  and  two-thirds  of  those  voting  shall  be  necessary 
to  carry  said  election  for  local  taxation  for  public  schools.  An 
election  for  the  same  purpose  shall  not  be  held  oftener  than  every 
twelve  months.  No  person  shall  be  allowed  to  vote  in  said  elec- 
tion except  those  regularly  qualified  to  vote  in  State  and  county 
elections.  If  the  election  is  carried  for  local  taxation,  the  ordi- 
nary or  board  of  county  commissioners,  whichever  levies  the 
county  tax,  shall  levy  a  local  tax  as  recommended  by  the  County 
Board  of  Education  upon  all  the  property  of  the  county,  not  to 
exceed  one-half  of  one  per  cent.,  and  the  same  shall  be  collected 
by  the  county  tax-collector  and  paid  by  him  to  the  County  Board 
of  Education.  The  tax-collector  shall  keep  the  funds  thus  col- 
lected separate  and  distinct  from  all  county  and  State  funds,  and 
he  shall  receive  a  commission  of  two  and  one-half  per  cent,  for 
collecting  the  same.  Provided,  That  if  there  be  an  incorporated 
town  in  a  county  holding  an  election  as  provided  in  this  section, 
now  operating  a  public  school  system,  it  shall  not  be  included  in 
the  election  without  the  consent  of  the  municipal  authorities,  but 
if  the  municipal  authorities  should  so  wish  they  may  abolish  their 
system  by  a  special  Act  of  the  Legislature,  and  avail  themselves 
of  the  provisions  of  this  bill. 

Levy  aud  collectiou  of  district  tax. 

Sec.  4.  Be  it  further  enacted.  That  whenever  the  citizens  of 
any  school  district  in- a  county  not  levying  a  local  tax  for  educa- 
tional purposes  wish  to  supplement  the  funds  received  from  the 


Local  Tax  Law.  67 

State  public  school  fund  by  levying  a  tax  for  educational  pur- 
poses, they  shall  present  a  petition  from  one-fourth  of  the  quali- 
5ed  voters  of  the  district  to  the  ordinary,  who  shall  order  the  elec- 
tion not  earlier  than  twenty  days,  nor  later  than  sixty  days,  after 
the  petition  is  received;  provided,  that  notice  of  same  shall 
be  posted  in  at  least  three  conspicuous  places  in  the  district 
ten  days  prior  to  the  election.  The  election  shall  be  held 
at  a  time  and  place  prescribed  by  the  proper  authorities, 
and  under  rules  governing  ordinary  elections.  Those  favor- 
ing local  taxation  for  public  schools  shall  vote  "For  local 
taxation  for  public  schools";  those  opposed  shall  vote  "Against 
local  taxation  for  public  schools."  The  returns  of  said  election 
shall  be  made  to  the  ordinary  of  the  county,  who  shall  declare  the 
tesults,  and  two-thirds  of  those  voting  shall  be  necessary  to  carry 
the  election  for  local  taxation  for  public  schools.  No  person  shall 
vote  in  said  election  except  the  regularly  qualified  voters  residing 
in  the  district  six  months  prior  to  the  election.  An  election  for 
the  same  purpose  shall  not  be  held  oftener  than  every  twelve 
months. 


H 


Tax  returns  in  local-tax  districts. 

Sec.  5.  Be  it  further  enacted,  That  in  those  districts  which 
levy  a  local  tax  for  educational  purposes,  the  board  of  trustees 
shall  make  all  rules  and  regulations  to  govern  the  schools  of  the 
districts,  and  build  and  equip  schoolhouses  under  the  approval  of 
the  County  Board  of  Education.  They  shall  have  the  right  to 
fix  the  rate  of  tuition  for  non-resident  pupils,  and  to  fix  the  sala- 
ries of  the  teachers.  They  shall  receive  from  the  County  Board 
of  Education  the  share  of  public  school  funds  apportioned  to  the 
district  by  the  County  Board  of  Education.  They  shall  deter- 
mine the  amount  necessary  to  be  raised  by  local  tax  on  all  of  the 
property  of  the  district.  The  secretary  of  the  board  of  trustees 
of  said  district,  with  the  aid  of  the  County  School  Commissioner 
of  said  county,  shall  ascertain  from  the  tax  returns  made  to  the 
tax-receiver  and  from  the  returns  made  to  the  Comptroller-Gen- 
eral, the  total  value  of  all  of  the  property  in  said  district  subject 
to  taxation  for  county  purposes,  and  a  regular  digest  of  all  such 


68  Compilation  of  Common  Schooi.  Laws. 

property  in  said  school  district,  shall  be  made  by  the  secretary  in 
a  book  furnished  by  the  board  of  trustees  and  kept  for  that  pur- 
pose. At  or  before  the  time  of  fixing  the  rate  of  taxation  for  said 
county,  the  secretary  of  each  local  board  of  trustees,  with  the  aid 
of  the  County  School  Commissioner,  shall  levy  such  rate  on  the 
property  thus  found  as  will  raise  the  total  amount  to  be  collected  ; 
provided,  that  such  rate  shall  not  exceed  one-half  of  one  per  cent. 
The  County  School  Commissioner  of  each  county,  at  or  before 
the  time  for  fixing  the  rate  of  said  county  by  the  ordinary  there- 
of, or  the  County  Board  of  Commissioners,  as  the  case  may  be, 
shall  certify  to  the  said  ordinary,  or  said  board  of  commissioners, 
as  the  case  may  be,  and  to  the  Comptroller-General  of  the  State 
the  rate  of  taxation  fixed  for  each  school  district  in  the  county, 
and  said  taxing  authority  of  said  county  shall  levy  such  special 
tax  at  the  same  time  and  in  the  same  manner  as  is  now  prescribed 
for  levying  taxes  for  county  purposes. 

A  copy  of  the  special  tax  digest  of  said  local  tax  district  shall 
be  furnished  by  the  secretary  of  the  local  board  of  trustees  to 
the  tax-collector  of  the  county,  and  it  shall  be  his  duty  to  com- 
pute and  collect  said  taxes,  keeping  the  same  separate  by  school 
districts  from  the  county  and  State  funds,  and  turn  same  over  to 
the  secretary  of  such  local  school  districts,  as  well  as  tax  received 
for  said  district  from  railroads  and  other  corporations  that  make 
their  returns  to  the  Comptroller-General,  taking  the  receipt  for 
the  same  upon  order  from  the  County  School  Commissioner ;  and 
said  tax-collector  shall  receive  as  compensation  therefor  two  and 
one-half  per  cent,  of  the  amount  collected. 

In  any  case  in  which  it  is  impossible  to  determine  from  tax  re- 
turns made  to  the  tax-receiver  of  the  county  the  value  of  the 
property  of  any  citizen  situated  in  any  school  district  and  subject 
to  taxation  in  said  district,  the  secretary  of  the  board  of  trustees 
shall  issue  a  summons  to  each  taxpayer  requiring  him  to  make 
returns  within  five  days  to  said  secretary  of  his  property  situated 
in  said  district  and  subject  to  taxation  for  school  purposes. 
Should  said  return  be  unsatisfactory  to  said  secretary,  he  shall 
reject  the  same  and  submit  said  return  to  arbitration  as  is  now 


Local  Tax  Lawc 


]  -rovided  by  law  for  such  cases  when  returns  are  rejected  by  tax- 
:  eceivers. 

All  property,  both  real  and  personal,  including  franchises  be- 
onging  to  railroads,  telegraph  and  telephone  companies,  and  to 
all  other  corporations  which  are  now  required  to  make  their  re- 
urns  to  the  Comptroller-General  of  this  State,  which  is  in  the 
axable  limit  of  any  school  district  shall  be,  and  the  same  is  here- 
)y  made  subject  to  taxation  by  said  school  districts  as  fully  and 
rompletely  as  is  the  property  of  other  corporations  within  such 
:axable  limits. 

It  is  hereby  made  the  duty  of  every  such  corporation  in  this 
State,  in  addition  to  the  facts  now  required  to  be  shown  in  their 
returns  to  the  Comptroller-General  to  also  show  in  said  returns 
the  value  of  such  corporation's  property  in  each  of  said  school 
districts  through  which  it  runs.  And  for  the  purpose  of  enabling 
such  corporation  to  show  in  said  returns  the  value  of  its  property 

■  in  such  school  districts,  it  is  hereby  made  the  duty  of  the  County 
Superintendent  of  Schools  of  each  county  to  fi^rnish  on  or  before 
January  i,  1907,  to  each  such  corporation,  information  as  to  the 
boundaries  of  each  school  district  in  which  such  corporation  may 
have  property,  such  as  will  enable  such  corporation  to  determine 
the  amount  of  its  property  in  such  district,  and  he  shall  also  fur- 
nish similar  information  whenever  the  boundaries  of  any  school 
district  may  be  changed. 

^[  The  rolling-stock,  franchises  and  other  personal  property  of 
said  corporations  shall  be  distributed  to  said  school  districts  on 
the  same  basis  that  rolling-stock,  franchises  and  other  personal 
jjroperty  are  distributed  to  counties  and  municipalities  under  the 

I  paw;  that  is,  as  the  value  of  the  property  located  in  the  particular 
district  is  to  the  whole  located  property,  real  and  personal  of  said 
corporation,  such  shall  be  the  amount  of  rolling-stock,  franchises, 
and  other  personal  property  to  be  distributed  for  taxing  purposes 

Hl^  each  school  district. 

All  of  the  other  provisions  of  the  Act  of  October  16,  1889,  enti- 
tled *'An  Act  to  provide  a  system  of  taxation  of  railroad  property 
in  each  of  the  counties  of  the  State  through  which  said  railroad 
ns,  and  to  provide  a  mode  of  assessing  and  collecting  the  same, 


V 


70  Compilation  of  Common  School  Laws. 

and  for  other  purposes,"  in  so  far  as  they  can  be  applied  are  here- 
by made  applicable  to  the  assessment  and  collection  of  taxes  of 
all  such  companies  and  corporations  which  are  now  required  by 
law  to  make  their  returns  to  the  Comptroller-General,  by  and  for 
school  districts  in  this  State  upon  the  property  and  franchises  of 
such  companies  located  in  such  school  districts  and  upon  the  roll- 
ing-stock, franchises  and  other  personal  property  distributed  un- 
der the  provisions  of  this  Act. 

Secretary   and   Treasurer   of   Board    of   Trustees— statements    and 
reports. 

Se:c.  6.  Be  it  further  enacted,  That  the  board  of  trustees  may 
have  the  right  to  pay  the  secretary  and  treasurer  a  commission 
on  the  amount  of  local  tax  collected  not  to  exceed  two  and  one- 
half  per  cent.,  but  there  shall  be  no  commission  allowed  on  the 
amount  received  from  the  State.  They  shall  furnish  quarterly 
to  the  County  Board  of  Education  a  statement  showing  all  re- 
ceipts, disbursements,  and  cash  on  hand.  They  shall  also  furnish 
statement  showing  school  population,  enrollment,  average  attend- 
ance, course  of  study  and  other  data  the  County  Board  of  Educa- 
tion may  require  whenever  called  upon  to  do  so. 

General  scbool  laivs  to  be  observed. 

Sec.  7.  Be  it  further  enacted.  That  while  it  is  the  purpose  and 
spirit  of  this  Act  to  encourage  individual  action  and  local  self- 
help  upon  the  part  of  the  school  districts,  it  is  expressly  under- 
stood that  the  general  school  laws  of  this  State  as  administered 
by  the  County  Board  of  Education  shall  be  observed. 

Sec  8.  Be  it  further  enacted,  That  all  elections  held  under 
the  provisions  of  this  Act  shall  be  governed  as  to  registration  and 
qualification  of  voters  as  the  general  law  governing  special  elec- 
tions provides. 

Sec.  9.  Be  it  further  enacted.  That  all  laws  and  parts  of  laws 
in  conflict  with  this  Act  be,  and  the  same  are,  hereby  repealed. 

Approved  August  21,  1906. 


Child  Labor  Law. 


PART  XIIL 


CHILD  LABOR  LAAV 


No  Cbild  under  ten  years  old  to  i^ork  in  a  factory. 

Section  i.  Be  it  enacted  by  the  General  Assembly  of  Geor- 
gia, and  it  is  hereby  enacted  by  authority  of  the  same,  That 
from  and  after  the  approval  of  this  Act,  no  child  under  ten 
years  of  age  shall  be  employed  or  allowed  to  labor  in  or  about 
any  factory  or  manufacturing  establishment  within  this  State 
under  any  circumstances. 

[Certificate  of  Ordinary  for  any  child  under  tvrelve. 

Sec.  2.  Be  it  further  enacted  by  the  authority  aforesaid. 
That  on  and  after  January  ist,  1907,  no  child  under  twelve 
years  of  age  shall  be  so  employed  or  allowed  to  labor,  unless  such 
child  be  an  orphan,  and  has  no  other  means  of  support,  or  un- 
less a  widowed  mother  or  an  aged]or  disabled  father  is  dependent 
upon  the  labor  of  such  child,  in  which  event,  before  putting  such 
child  at  such  labor,  such  father  shall  produce  and  file  in  the 
office  of  such  factory  or  manufacturing  establishment,  a  certifi- 
cate from  the  Ordinary  of  the  county  in  which  such  factory  or 
establishment  is  located,  certifying  under  his  seal  of  office  to 
the  facts  required  to  be  shown  as  herein  prescribed  ;  provided^ 
that  no  Ordinary  shall  issue  any  such  certificate  except  upon 
strict  proof  in  writing  and  under  oath,  clearly  showing  the  nec- 
essary facts  ;  and,  providing  further^  that  no  such  certificate  shall 
be  granted  for  longer  than  one  year,  nor  accepted  by  any  em- 
ployer after  one  year  from  the  date  of  such  certificate. 


II 


No  cbild  under  fourteen  to  ivork  at  nigbt* 

Sec.  3.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  on  and  after  January  ist,  1908,  no  child  under  fourteen 
years  of  age  shall  be  employed  or  allowed  to  labor  in  or  about 
any  factory  or  manufacturing  establishment  within  this  State 
between  the  hours  of  seven  p.  m.  and  six  A.  m. 


L 


72  Compilation  of  Common  School  Laws. 

Obildren  under  fourteen  must   attend   scliool    tureive    creeks  eaclt 
year. 

Sec.  4.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  on  and  after  January  ist,  1908,  no  child,  except  as  here- 
tofore provided,  under  fourteen  years  of  age,  shall  be  employed 
or  allowed  to  labor  in  or  about  any  factory  or  manufacturing 
establishment  within  this  State  unless  he  or  she  can  write  his 
or  her  name  and  simple  sentences,  and  shall  have  attended 
school  for  twelve  weeks  of  the  preceding  year,  six  weeks  of 
which  school  attendance  shall  be  consecutive  ;  and  no  such  child 
as  aforesaid,  between  the  ages  of  fourteen  and  eighteen  years, 
shall  be  so  employed  unless  such  child  shall  have  attended 
school  for  twelve  weeks  of  the  preceding  year,  six  weeks  of 
which  school  attendance  shall  be  consecutive ;  and  at  the  end 
of  each  year,  until  such  child  shall  have  passed  the  public  school 
age,  an  affidavit  certifying  to  such  attendance  as  is  required  by 
this  section,  shall  be  furnished  to  the  employer  by  the  parent 
or  guardian  or  person  sustaining  parental  relation  to  such  child. 
The  provisions  of  this  section  shall  apply  only  to  children  en- 
tering such  employment  at  the  age  of  fourteen  years  or  less. 

Unla^irful  to  employ  children  before  affidavit  is  filed* 

Sec.  5.  Be  it  further  enacted  by  the  authority  aforesaid.  That 
it  shall  be  unlawful  for  any  owner,  superintendent,  agent  or  any 
other  person  acting  for  or  in  behalf  of  any  factory  or  manufac- 
turing establishment  to  hire  or  employ  any  child  unless  there  is 
first  provided  and  placed  on  file  in  the  office  of  such  employer 
an  affidavit  signed  by  the  parent,  guardian  or  person  standing 
in  parental  relation  thereto,  certifying  to  the  age  and  date  of 
birth  of  such  child,  and  other  facts  required  in  this  Act.  Any 
person  knowingly  furnishing  a  false  affidavit  as  to  the  age,  or 
as  to  any  other  facts  required  in  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  as  prescribed  in  section  1039  of  the  Penal  Code  of 
Georgia  of  1895. 


Georgia  State  Reformatory. 

Inspection  by  Grand  Jury. 

Sfx.  6.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  affidavit  and  certificates  required  in  this  Act  shall  be 
Dpen  to  inspection  by  the  Grand  Juries  of  any  county  where 
5uch  factory  or  manufacturing  establishments  are  located. 

Penalt)'  for  Violation  of  this  Act. 

Sec.  7.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  any  person  or  agent,  or  representative  of  any  firm  or  corpo- 
ration who  shall  violate  any  provision  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
as  prescribed  in  Section  1039  of  the  Penal  Code  of  Georgia  of 
1 895.  Any  parent,  guardian  or  other  person  standing  in  paren- 
tal relation  to  a  child,  who  shall  hire  or  place  for  employment 
or  labor  in  or  about  any  factory  or  manufacturing  establishment 
within  this  State,  a  child  in  violation  of  any  provision  of  this 
Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof,  shall  be  punished  as  prescribed  in  Section  1039  of 
the  Penal  Code  of  Georgia,  1895. 

Sec.  8.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  all  laws  and  parts  of  laws  in  conflict  with  this  Act  be, 
and  the  same  is,  hereby  repealed. 

Approved  August  ist,  1906. 

GEORGIA  STATE  REFORIYIATORY. 

State  Keforinaiory  <  stablislted. 

Section  i.     Be  it  enacted  by  the  General  Assembly  of  Geor- 
gia, and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  iws! page 
there  is  hereby  created  and  established  a  State  institution  to  be 


V 


nown  as  the  Georgia  State  Reformatory. 


il 


ho  may  be  committed  to  reformatory— limit  to  term  of  sentence. 

Sec.  2.  Be  it  further  enacted.  That  all  persons  of  the  age  of 
ixteen  years  or  under  who  have  been,  after  the  opening  of  said 
eformatory,  duly  convicted  in  any  of  the  courts  of  this  State 
of  any  crime  against  the  laws  of  this  State,  not  punishable  by 
death  or  imprisonment  for  life,  may  in  the  discretion   of  the 


74  Compilation  of  Common  SchooIv  Laws. 

judge  having  jurisdiction,  be  committed  to  the  Georgia  State 
Reformatory. 

Sec.  3.  The  judge  committing  a  person  to  the  Georia  State 
Reformatory  shall  not  fix  a  limit  to  the  duration  of  the  com- 
mitment unless  the  same  be  for  more  than  five  years,  but  shall 
merely  commit  said  person  to  the  Georgia  State  Reformatory  ; 
but  no  sentence  shall  extend  beyond  the  time  when  the  person 
sentenced  shall  have  arrived  at  the  age  of  twenty-one  years. 

Sec.  4.  Any  person 'committed  to  the  Georgia  State  Reform- 
atory for  an  offense  punishable  by  imprisonment  in  the  peni- 
tentiary may  be  held  in  said  reformatory  for  a  term  not  exceed- 
ing five  years,  or,  if  committed  for  a  longer  term  than  five  years, 
may  be  held  for  such  longer  term  ;  and  any  person  comm  itted 
to  said  reformatory  for  an  offense  that  is  punishable  as  for  amis- 
demeanor,  may  be  held  in  said  reformatory  for  a  term  not  ex- 
ceeding two  years ;  provided^  however^  that  no  person  shall  be 
held  in  said  reformatory  after  he  or  she  has  arrived  at  the  age 
of  twenty-one  years. 

Rules  and  Regfulations— Superintendent  and  otlier  employees* 

Sec.  5.  The  general  supervision,  control  and  government  of 
said  reformatory  shall  be  vested  in  the  Prison  Commission  of 
Georgia,  and  said  commission  shall  have  power  to  make  all 
rules  and  regulations  necessary  and  proper  for  the  employment, 
discipline,  instruction  and  education  of  the  inmates  detained  in 
said  reformatory,  and  shall  also  have  power  to  determine  in  their 
discretion  as  to  what  character  or  kind  of  work  any  particular 
inmate  shall  be  required  at  any  time  to  perform. 

Sec.  6.  The  Prison  Commission  shall  have  power  to  appoint, 
with  the  approval  of  the  Governor,  a  fit  and  proper  person  as 
superintendent  of  said  reformatory,  at  a  salary  not  exceeding 
twelve  hundred  dollars  per  year.  The  said  superintendent  shall 
reside  at  said  reformatory  and  his  lodging  and  board  shall  be 
furnished  at  the  expense  of  the  State.  The  duties  of  said  super- 
intendent shall  be  prescribed  by  the  commission,  and  he  shall 
be  under  its  direction  and  control,  and  subject  to  removal  by 
the  commission  at  any  time.     The  said  commission  shall  also 


D 

9 


Georgia  State  Reformatory.  76 

appoint  such  teachers,  guards  and  other  employees  as  are  neces- 
sary to  the  proper  conducting  of  said  reformatory,  and  shall 
prescribe  their  duties  and  fix  their  salaries,  but  the  amounts  of 
such  salaries  before  allowed  shall  be  approved  by  the  Governor. 

Brancbes  off  study  to  be  taught— discipline. 

Sec.  7.  The  inmates  of  said  reformatory  shall  be  employed 
in  agricultural,  domestic  and  mechanical  work,  and  shall  be 
given  a  reasonable  amount  of  instruction  in  the  elementary 
branches  of  an  English  education.  The  commission,  if  it  deem 
best,  is  empowered  to  establish  and  maintain  in  connection  with 
said  institution  a  system  of  manual  training  and  instruction  in 
trades,  and  create  such  industries,  productive  or  otherwise,  as 
are,  in  their  opinion,  to  the  best  interests  of  the  inmates  of  said 
reformatory. 

Sec.  8.  The  discipline  to  be  observed  in  said  institution  shall 
be  reformatory,  and  the  commission  shall  have  power  to  use  such 
means  of  reformation  as  is  consistent  with  the  improvement  of 
the  inmates  as  it  may  deem  best  and  expedient ;  but  a  method 
of  discipline  shall  be  used  as  will,  as  far  as  possiole,  reform  the 
characters  of  the  inmates,  preserve  their  health,  promote  regular 
improvement  in  their  studies  and  employment,  and  secure  in 
them  fixed  habits  in  religion,  morality  and  industry ;  and  the 
commission  shall  maintain  such  control  over  said  inmates  as 
will  prevent  them  from  committing  crime,  best  secure  their 
self-support,  accomplish  their  reformation,  and  that  will  tend  to 
make  of  them  good  and  law-abiding  citizens. 

ystem  off  parole. 

Sec.  9.  The  commission  shall  have  the  power  to  establish 
such  system  of  parole  of  the  inmates  as  it  shall  deem  proper, 
and  shall  have  power  to  establish  rules  and  regulations  under 
which  prisoners  within  the  reformatory  may  be  allowed  to  go 
outside  of  the  grounds,  but  to  remain  while  on  parole  within 
the  legal  custody  and  under  the  control  of  the  commission  and 
subject  at  any  time  to  be  taken  back  within  the  enclosure  of 
said  reformatory. 

Sec.  10.     Whenever  it  shall  appear  to  the  commission   that 


76  Compilation  of  Common  School  Laws. 

any  person  in  the  reformatory  has  reformed,  after  the  expira- 
tion of  one  year  from  his  or  her  reception  therein,  it  may,  with 
the  approval  of  the  Governor,  issue  to  him  a  permit  to  be  at 
liberty  during  the  remainder  of  his  or  her  term  upon  such  con- 
ditions as  the  commission  may  deem  best,  and  the  commission 
shall  have  power  to  revoke  such  permit  in  their  discretion. 

Sec.  II.  A  written  order  signed  by  any  member  of  the 
Prison  Commission  shall  be  sufficient  warrant  to  any  officer  of 
the  State,  or  any  other  person  named  in  said  order,  to  authorize 
said  officer,  or  other  person  named,  to  arrest  and  return  to  actual 
custody  any  conditionally  released  or  paroled  inmate,  and  it  is 
hereby  made  the  duty  of  all  officers  of  the  State  to  execute  any 
such  order  placed  in  their  hands,  the  same  as  any  ordinary  crim- 
inal warrant. 

Sec.  12.  Whenever  it  shall  appear  to  the  commission  that 
there  is  a  strong  or  reasonable  probability  that  any  inmate 
would  live  and  remain  at  liberty  without  violating  the  law,  and 
that  his  or  her  release  is  not  incompatible  with  the  welfare  of 
society,  the  commission  shall  so  report  to  the  Governor,  who,  if 
he  deem  proper,  may  give  to  said  inmate  an  absolute  release, 
which  release  shall  operate  as  a  pardon,  or  restore  to  the  prisoner 
so  released  all  his  or  her  rights  of  citizenship. 

Separation  of  races. 

Sec.  13.  The  white  and  colored  inmates  shall  be  kept  sepa- 
rate and  distinct  in  all  work  and  study.  The  males  and  females 
shall  be  kept  separate  as  far  as  practicable. 

Records  of  reformatory. 

Sec.  14.  When  any  person  shall  be  received  in  the  said  re- 
formatory there  shall  be  entered  in  a  registry  book  kept  for  that 
purpose  the  date  of  such  admission,  giving  the  name,  age,  sex 
and  color,  and  court  from  which  committed  and  for  what  offense. 

Sec.  15.  Whenever  any  court  in  this  State  shall  commit  any 
person  to  the  reformatory,  the  clerk  of  said  court  shall  furnish 
to  the  commission  a  certified  record  showing  the  order  of  com- 
mitment, age  of  the  person,  and  the  offense  for  which  he  or  she 


I 


I 


iTORY. 

was  convicted.  Upon  receipt  of  such  record  the  commission 
shall  send  a  proper  delegated  person  to  the  place  where  said 
person  is  detained,  and  the  officer  having  custody  of  the  person 
shall  deliver  him  or  her  to  said  delegated  person,  and  such  per- 
son shall  thereupon  be  conveyed  to  the  reformatory  at  the  ex- 
pense of  the  State. 

Removal  of  prisoners  noiiv  in  coiifiuement  and  under  sixteen 
I  years  of   ag^e. 

f  Sec.  1 6.  Prisoners  in  confinement  at  the  State  prison  farm, 
or  on  the  chain-gangs  of  this  State,  at  the  time  of  the  opening 
of  the  reformatory,  who  are  of  the  age  of  sixteen  years,  or  un- 
der, who  have  not  been  sentenced  for  life,  may,  in  the  discre- 
tion of  the  commission,  be  removed  by  the  commission  to  said 
reformatory,  and  all  the  terms  of  this  Act  shall  apply  to  all 
I  such  removed  persons. 


Credits  for  ^ood  bebavior. 

Sec.  17.  The  commission  shall,  under  a  system  of  marks  or 
otherwise,  fix  upon  a  uniform  plan  by  which  it  shall  determine 
what  credit  shall  be  allowed  as  earned  by  each  inmate  as  the 
condition  of  increased  privileges  or  of  a  release  from  the  re- 
formatory, which  system  shall  be  subject  to  a  revision  from  time 
to  time  by  the  commission.  Each  inmate  shall  be  credited  for 
good  personal  demeanor,  diligence  in  labor  and  study,  and  for 
results  accomplished,  and  be  charged  for  dereliction,  negligence, 
offenses  and  violation  of  any  of  the  rules  of  the  institution. 

Sec.  18.  The  inmates  of  said  reformatory  shall  be  credited 
with  their  good  behavior,  and  their  time  of  sentence  shortened 
as  is  now  provided  by  law  and  allowed  to  misdemeanor  and 
felony  convicts.  The  time  of  those  persons  sentenced  to  said 
reformatory  for  a  misdemeanor  shall  be  shortened  as  provided 
in  section  11 50  of  the  Penal  Code,  and  the  time  of  those  com- 
mitted to  said  reformatory  for  a  felony  shall  be  shortened  as 
provided  in  section  11 73  of  the  Penal  Code. 


78  Compilation  of  Common  SchooIv  Laws. 

Disposition  of  agricultural  products. 

Sec.  19.  The  commission  shall  sell  to  the  best  advantage  all 
agricultural  products  not  used  in  the  reformatory,  and  shall  apply 
the  proceeds  thereof  to  the  maintenance  of  the  institution  as 
far'  as  necessary.  Should  any  surplus  funds  arise  from  this 
source,  they  shall  be  paid  into  the  State  treasury  annually,  and 
the  commission  shall  at  the  end  of  each  quarter  make  to  the 
Governor  a  detailed  report  of  all  such  transactions. 

Site— buildings. 

Sec.  20.  The  Prison  Commission  shall,  within  three  months 
from  the  passage  of  this  Act,  with  the  consent  of  the  Governor, 
select  a  suitable  and  proper  site  for  said  reformatory  upon  the 
State  lands  in  Baldwin  county. 

Sec.  21.  The  commission  shall,  as  soon  as  possible  after  the 
selection  of  the  site  for  said  reformatory,  erect  suitable  build- 
ings for  the  care  of  not  less  than  one  hundred  and  twenty-five 
inmates,  with  workrooms,  schoolrooms,  and  such  other  build- 
ing as  may  be  necessary,  and  shall  purchase  and  equip  the  same 
with  such  furniture  and  equipment  as  may  be  necessary,  and 
shall  also  purchase  such  live  stock,  tools  and  other  supplies  as 
the  commission  may  deem  necessary.  The  erection  of  the 
buildings  and  equipment  of  the  same  shall  be  vigorously  carried 
on  so  that  the  reformatory  may  be  opened  at  the  earliest  prac- 
ticable time,  and  if  possible  be  ready  for  occupancy  by  the  first 
day  of  January,  1906. 

Appropriation. 

Sec.  22.  To  carry  out  the  purposes  of  this  Act  there  is 
hereby  appropriated  out  of  any  money  in  the  State  treasury  not 
otherwise  appropriated,  the  sum  of  ten  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  to  be  paid  in  such  sums  at 
such  times  as  the  construction  of  the  buildings  and  the  equip- 
ment of  the  same  may  require,  and  the  Governor  is  hereby 
authorized  to  draw  his  warrant  on  the  Treasurer  for  said  amount. 

Sec.  23.  For  the  purpose  of  maintaining  and  operating 
said  reformatory  for  the  first  year,  there  is  hereby  appropriated 


Georgia  State  Reformatory. 


79 


any  money  in  the  State  treasury  not  otherwise  appro- 
priated, the  sum  of  ten  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  the  same  to  be  available  and  payable  as  the 
said  sums  may  be  required  by  the  Prison  Commission,  and  the 
Governor  is  hereby  authorized  to  draw  his  warrant  on  the 
Treasurer  for  said  amount. 


Governor's   proclniuation. 

Sec.  24.  Whenever  said  reformatory  is  ready  for  occupancy, 
the  Prison  Commission  shall  give  notice  to  the  Governor,  and 
thereupon  the  Governor  shall  issue  his  proclamation  declaring 
the  Georgia  State  Reformatory  open  and  ready  to  receive  the 
class  of  persons  provided  for  in  this  Act.  When  said  procla- 
mation is  issued,  the  courts  of  this  State  shall  take  cognizance 
of  the  same,  and  shall,  in  their  discretion,  sentence  the  class  of 
persons  designated  in  this  Act  to  said  reformatory. 

^BlCouiity  and  municipal  reforniator]'. 

Sec.  25.  The  terms  of  this  Act  shall  not  affect  any  county 
or  municipal  reformatory  for  juvenile  misdemeanor  convicts 
now  established,  or  which  may  hereafter  be  established,  under 
the  law  now  of  force  as  contained  in  section  1192  et  sequitur  of 
the  Penal  Code;  provided^  however,  that  should  any  such  county 
at  any  time  abolish  its  reformatory,  the  provisions  of  this  Act 
shall  apply  to  such  county,  and  the  inmates  of  the  abolished  re- 
formatory shall  be  received  in  the  Georgia  State  Reformatory 
without  expense  to  the  State  of  transportation,  if  such  inmates 
are  otherwise  entitled  to  be  received  in  said  State  institution. 

l^Repealing  clause. 

Sec.  26.    Be  it  further  enacted ,  That  all  laws  and  parts  of  laws 
in  conflict  with  this  Act  be,  and  the  same  are,  hereby  repealed. 
Approved  August  23,  1905. 


80  Compilation  of  Common  School  Laws. 


PART  XIV. 

EXTRACTS  FROM    DECISIONS    ANB    INSTRUCTIONS  OF  STATE 
SCHOOIi    COMMISSIONERS. 

Note  !•    Resigrna-tioii  sUould   be  tendered  to  Governor. 

When  a  uiember  of  a  Board,  or  a  County  School  Commis- 
sioner desires  to  resign,  he  should  tender  his  resignation  to  the 
Governor,  and  not  to  the  Board  or  Grand  Jury. 

— G.  J.   Orr^  Instructions  March^  iSyd. 

Notes.    Requisites   of  certificates  of  election. 

The  certificate  of  the  election  of  members  of  the  County 
Board  must  have  the  following  requisites  : 

1.  It  must  be  officially  signed  by  the  Clerk  of  the  Superior 
Court,  and  must  be  under  his  seal  of  office. 

2.  It  must  give  the  names  of  the  members  of  the  Board 
chosen,  and  must  state  whom  they  succeed. 

3.  It  must  state  how  the  latter  vacated  their  offices. 

4.  It  must  state  the  term  of  court  at  which  the  action  was 
taken. 

When  a  vacancy  is  filled  by  the  Judge  of  the  Superior  Court, 
the  above  rules  will  apply  to  the  certificate  then  given,  except 
where,  from  the  nature  of  the  case,  they  are  inapplicable. 

— G.  J.   Orr,  Instructions  March,  18 j6. 

Note  3.    The  Rible  in   tlie  public  scltools. 

The  Bible  can  not  be  excluded  from  the  public  schools  of  the 
State. 

The  proviso  interdicting  the  exclusion  of  the  Bible  from  the 
public  schools  is  the  law  in  places  where  local  school  laws  are 
in  operation  as  well  as  elsewhere, 

— G,  J.    Orr^  Instructions  April^  j8y8. 

Note  4.    Particulars  tob3  embraced  in  report  of  elections  of  member 
of  Board. 

In  electing  members  of  the  Board,  the  jury  should  embrace 
in  their  presentments  the  following  particulars  : 


Extracts  from  Decisions  and  Instructions.  81 

I.     They  should  state  correctly  the  names  of  the  members 
c  bosen. 
H  J  2.     They  should  state    whom  each  newly  chosen  member 
^^icceeds. 

3.     They  should  state  how  the  vacancy  occurred  ;  whether 

Iy  expiration  of  the  term,  by  death,  by  resignation  or  otherwise. 
I  — G.  /,   Orr,  Instructions  April^  i8j8. 


>tc  5.    Disturbing:  scboolB. 


•ri\ 
Pfad 


Persons  who  wilfully  interrupt  or  disturb  any  public  school, 
rivate  school  or  Sunday-school  are  guilty  of  a  misdemeanor, 
,  on  conviction,  are  punishable  as  provided  in  section  4310 
f  the  Code  of  1873. 


i» 


{See  Code  Vol,  III^  Sec.  427.) 

— G,  J.   OrVy  Instructions  1882, 


I 


fote6.    Pupil  g-oingr  from  one  district  scbool  to  anotlaer. 

The  proper  rule  is  that  a  pupil  can  go  from  one  public  school 
o  another  only  by  consent  of  the  Board,  or  County  School 
Commissioner,  for  a  good  and  sufficient  cause,   the  Board  or 
Commissioner  being  the  judge. 
,  — /.  S.  Hook^  Instructions  January  10^  1888. 


Ik« 


ote  7.    Oriiflna.!  Jurisdiction   in  revolting:  teacber's  license. 

^'Original  jurisdiction  in  the  revoking  of  a  teacher^s  license 
ts  with  the  County  School  Commissioner.     Appeals  on  such 
action  of  the  County  School  Commissioner  come  only  before 

Re  County  Board  of  Education. '' 
—S.  D.  Bradwell,  189^, 
ite  8.    Selection  of  teacbers  under  control  of  county  board. 
*'The  law  places  the  selection  of  teachers  under  the  control 
•  of  the  County  Board  of  Education.     The  County  Board  may 
delegate  this  authority,  under  the  law,  to  a  local  board  consist- 
ing of  three  citizens  of  the  sub-school  district  in   which   the 
>chool  is  located.     Even  when  there  is  a  unanimous  choice  of  a 
:eacher  by  the  local  board,   the  County  Board  may  still  refuse 

6  8l 


B 


82.  CoMPiivATiON  OF  Common  Schooi.  Laws. 

to  contract  with  such  teacher  in  case  they  become  satisfied  that 
a  better  teacher  may  be  secured  for  the  school.'^ 

— G,  R.   Gle7in^  Decefnber  22^  1^97' 

Note  9.     County  board  lias  authority  to  chaiig-e  school  sites. 

"In  this  case  it  appears  from  the  records  that  the  people  of 
--one  of  the  school  districts  agreed  that  the  County  Board  of 
Education  should  select  the  location  for  a  school-house.  Pro- 
ceeding upon  this  agreement,  the  Board  did  select  a  locality  as 
near  the  center  of  the  district  as  possible.  It  appears  that  a 
^creek  divides  the  district,  and  those  patrons  who  lived  on  the 
side  of  the  creek  opposite  the  locality  selected  for  the  school- 
house,  refused  to  patronize  the  school  as  located,  and  appealed 
from  the  action  of  the  Board  of  Education,  asking  that  the 
Board  be  enjoined  from  paying  to  the  teacher  that  part  of  the 
school  fund  which  they  allege  should  be  set  apart  for  their 
children. 

"The  law   also  gives  the  Board  of  Education  authority  to 

locate  schools  at  any  point  in  the  school  district  that  may  be 

most  convenient  for  a  majority  of  the  children.    In  the  above 

stated  case  the  action  of  the  Board  in  locating  thio  school  is 

already  confirmed  by  the  agreement  of  the  citizens  to  abide  by 

any   selection   of   locality  that  the  Board    might   make.    The 

remedy  in  such  a  case  as  this  is  the  erection  of  a  good  foot 

bridge  over  that  creek,  high  enough  and  safe  enough  for  the 

children  to  pass  over  without  harm  even  when  the  waters  are 

high." 

—  G.  R,   Glenn  ^  Ja?iuary  14^  /8pp. 

Note  10.    Final  choice  of  teachers  and  po%ver  to  make  contracts  is 
ivith  county  board* 

"  The  law  does  not  compel  County  Boards  of  Education  to 

confirm  the  choice  of  local  trustees  in  selecting  teachers  even 

when  such  teachers  are  regularly  and  legally  appointed.     The 

final  choice  of  teachers,  and  the  power  to  make  contracts  with 

teachers  are  vested,  under  the  law,  wholly  in  the  County  Board 

of  Education." 

—  G.  R.   Glenn^  November  ij,  i8pg. 


h 


Extracts  from  Decisions  and  Instructions.  83 

"^le  11.    L.aw  g:ives  to  county  boards  certain  discretion. 

»  ''The  law  leaves  the  final  selection  of  teachers  and  school 
ites  with  the  County  Boards  of  Eoucation.  The  members  of 
he  County  Boards  of  Education,  like  other  judicial  officers,  are 
dlowed  certain  discretion,  and  when  the  action  of  these  Boards 
ire  not  illegal,  and  are  not  beyond  the  bounds  of  reason,  these 
ictions  can  not  be  reversed  by  the  State  School  Commissioner." 

— IV.  B,  Merritt^  May  i6^  1903. 


ir 


tc  12.     Teacher's  contract  is  an  entire  contract. 

"The  appeal  states  that  after  teaching  seventy-seven  and  one- 
half  days,  the  said  teacher  resigned  the  said  school,  to  accept 
another  position,  but  his  resignation  was  not  accepted  by  the 
County  Board  ;  that  previous  to  his  resignation  he  had  received 
payment  for  fifty-eight  days;  that  he  had  taught  nineteen  and 
one-half  days,  for  which  he  had  received  no  pay  ;  that  the 
County  Board  of  Education  refused  to  pay  for  teaching  the 
nineteen  and  one-half  days  because  the  contract  is  considered 
y  said  Board  as  an  entire  contract,  and  it  was  not  fulfilled. 

"In  this  case,  the  Board  of  Education,  under  the  circum- 
stances, would  not  abuse  the  discretion  given  it  by  law,  if  claims 
to  said  teacher  were  approved  and  paid,  but  in  refusing  to  pay 
the  said  claim  for  teaching  nineteen  and  one-half  days,  the 
Board  has  not  violated  the  law  of  contracts.  This  contract  is  in 
the  nature  of  an  entire  contract.  The  law  provides  that  the 
claims  of  teachers  shall  be  paid  when  the  funds  are  received  by 
the  County  School  Commissioner,  and,  as  usual,  the  greater 
part  of  the  school  funds  for  1903  was  not  received  until  months 
after  the  schools  were  taught." 
^^  --IV,  B.  Merritt,  April  7,  1904, 

II 


Dte  13.    Plan   for  operating*  schools   for  five  or  more  consecutiTe 
months. 


Generally  it  is  more  satisfactory  to  have  the  schools  taught 
during  consecutive  months  of  the  fall,  winter  and  spring.  Some 
counties  have  for  one  year  operated  their  schools  for  three 


I 


81  Computation  o^  Common  Schooi.  Laws. 

months  in  the  spring,  during  November  and  December  the 
school  term  of  that  year  was  completed  ;  beginning  in  January, 
a  session  of  three  or  four  months  of  the  next  year  immediately 
followed.  This  plan  has  given  good  results  in  attendance  and 
in  the  progress  of  pupils.  A  very  great  benefit  has  come  to 
schools  of  these  counties  from  the  fact  that  this  arrangement 
enables  County  Boards  to  pay  teachers  with  very  little  delay* 
It  is  much  easier  to  secure  teachers  if  they  are  assured  that  they 
will  be  paid  promptly,  and  that  they  will  not  be  compelled  to 
have  their  salaries  discounted.  I  ask  the  careful  consideration 
of  your  Board  to  this  plan  which  is  working  so  satisfactorily  in 
many  counties. 

The]months  in  which  the  schools  may  be  taught  during  the 
school  year,  or  calendar  year,  may  be  selected  by  the  County 
Boards  of  Education,  as  they  think  best,  but  it  will  not  be  law- 
ful for  a  County  Board  of  Education  to  approve  for  payment 
out  of  the  funds  appropriated  for  one  year  any  teaching  that 
was  done  during  any  days  except  those  included  in  the  calendar 
year  for  which  appropriations  have  been  made.  To  illustrate  : 
the  contracts  with  teachers  for  the  school  year  of  1905,  and  the 
claims  of  teachers  based  upon  this  contract,  should  be  in  con- 
sideration of  teaching  that  is  done  only  during  the  school  year 
of  1905. —  W.  B.  Merritt^  Circular  letter^  August  //,  1^04: 


r 


Extracts  from  Decisions  of  State  Board.  85 


PART  XV. 

CXTKACTS  FROIfl   DECISIONS  OF  STATE  BOARD  OF  EDUCATION. 

Note  1.    Commissions  to  board  members  ^vhen  grand  Jury  fails  to 
indicate   terms. 

"When  the  action  of  the  Grand  Jury  fails  to  indicate  the 
terms  for  which  two  or  more  members  of  Boards  of  Education 
are  chosen  and  tliere  are  terms  of  different  lengths  to  be  filled, 
the  member  or  members  first  named  by  the  Grand  Jury  shall 
be  commissioned  for  the  longest  term  or  terms." 

November  jo,  1888. 


{ 

V 


IVote  2*    AVben    County    Scbool    Commissioner  may    contract   uritb 
teachers  of  local  school  system. 

"A  County  School  Commissioner  has  no  right  to  enter  into  a 
contract  with  the  teachers  of  a  local  school  system. 

*'  The  Act  creating  said  local  school  system  does  not  specifically 
state  that  pupils  residing  outside  of  the  city  limits  may  be  per- 
mitted to  attend  the  schools  of  such  local  school  system  and 
receive  the  benefits  of  the  State  school  funds.  It  must,  there- 
fore, follow  that  pupils  residing  without  the  limits  of  the  said 
city  and  attending  the  schools  of  the  said  local  system  can  not 
legally  be  allowed  to  participate  in  the  State  school  funds  for 
such  attendance.  This  rule  must  apply  to  all  local  school  sys- 
tems except  where  the  Act  creating  them  expressly  provides 
that  pupils  residing  outside  the  city  limits  may  be  permitted  to 
attend  the  schools  of  the  local  system  and  receive  the  benefits 
of  the  State  school  fund." — Decision  of  State  Board  of  Educa- 
tion^ March  <?,  i8g^^  sustaining  decision  of  State  School  Com- 
missioner  S.  D.  Bra  dwell. 

iNote  3.    Use  of  surplus  in  liands  of  County  Scliooi  Commissioner* 

^''Resolved,  That  the  State  School  Commissioner  is  author- 
ized to  require  County  Boards  of  Education  to  use  the  surplus 


86  Computation  of  Common  Schooi.  Laws. 

of  school  funds  remaining  in  the  hands  of  the  County  School 
Commissioner  in  payment  of  the  accounts  set  out  in  itemized 
statements  rendered.' '  April  12^  iSg^. 

(This  surplus  is  reported  in  ^'Certificate  as  to  Balance  on 
hand  and  Balance  due"  in  itemized  Statement.) 

Nate  4.    Coinmoii  school  subjects  required* 

"Where  a  pupil  studies  five  common  school  subjects,  includ- 
ing arithmetic,  grammar  and  history,  and  shall  have  passed  an 
examination  satisfactory  to  the  County  Board  of  Education 
upon  the  other  common  school  subjects,  that  pupil  shall  be 
counted  as  a  common  school  pupil.  At  the  same  time  the  fol- 
lowing of  the  graded  course  of  study  for  the  common  schools 
is  urged."  March  ^p,  190^. 


Extracts  from  Opinions  or  Attorneys-Gkneral 


87 


PART  XVI. 


EXTRACTS  FROm  OFFICIAL.  OPINIONS  OF  ATT0R:\EYS- 
GI-:i«ERAL.. 

tfote  1.  County  Board  may  repudiate  contract  made  by  fraud. 

I  would  say  that  a  board  of  education  can  certainly  repudiate 
a  contract  made  by  fraud.  A  contract  so  obtained  is  not  bind- 
ing.— Extract  from  letter  of  Attoniey-General  Wm,  A.  Little^ 
May  14^  i8g2. 

Note  2.    Di,>loma  of  State  Normal  School   valid  in  certain  cases. 

H  \  May  9,  1902. 

Hon.  G.  R.  Glenn ^  State  School  Commissioner^  Atlanta^  Ga, 

My  Dear  Sir  :  I  am  in  receipt  of  the  letter  addressed  to  you 
by  Mr.  D.  O.  Phillips,  asking  if  his  diploma,  given  by  the 
Georgia  State  Normal  School,  was  still  /alid  as  a  license  to 
teach  in  the  schools  of  this  State,  he  having  received  the  same 

■  in  1897. 
I  In  my  opinion  the  diploma  in  question  is  valid  as  such  a 
license  and  dispenses  with  the  necessity  of  an  examination  as 
now  prescribed  by  the  general  common  school  laws  of  the  State, 
The  Act  of  1899,  pages  51  and  52,  repealing  the  law  making 
such  diploma  equal  to  a  license  expressly  provides : 

*'That  nothing  herein  contained  shall  be  construed  to  invali- 
date any  license  to  teach  in  the  schools  of  this  State  now  held 
by  any  person." 

See  Acts  of  1899,  pages  51  and  52. 

Very  truly  yonrs, 

BoYKiN  Wright, 
Attorney-General. 

[Note  3.    Ri^bt  of  C»unty  B  >ard  of  Education  to  borrour  money  for 
payment  nt  teachers* 

Atlanta,  Ga.,  January  10,  1903. 
Hon.  W.  B.  Merritty  State  School  Commissioner^  Atlanta^  Ga. 
Dear  Sir  :    I  beg  to  acknowledge  your  communication  of 


i 


S8  Computation  of  Common  Schooi.  Laws. 

January  5th,  in  which  you  make  inquiry,  and  ask  an  official 
opinion,  on  the  proposition  whether  the  County  Boards  of  Edu- 
cation can  legally  borrow  money  to  pay  the  past  due  salaries  of 
teachers  of  public  schools. 

I  am  of  the  opinion  that  County  Boards  of  Education  may, 
to  a  limited  extent,  arrange  to  secure  money  for  the  payment  of 
the  past  due  salaries  of  public  school  teachers. 

The  conditions,  as  I  understand,  are,  viz. :  Georg^ia  is  just 
one  year  behind  in  her  obligations  to  her  teachers.  To  illus- 
trate :  the  fund  to  go  to  each  county  is  determined  on  the  first 
Tuesday  in  December,  1902,  and  is  paid  out  in  1903,  payments 
ranging  from  January  to  December,  inclusive,  of  the  last  named 
year.  In  other  words,  it  is  ascertained  by  you  as  the  State 
School  Commissioner,  in  December,  19(^2,  the  amount  of  school 
fund  to  which  each  county  is  entitled  for  that  year,  and  it  is 
disbursed  by  you  and  through  the  County  Commissioner  of  that 
county  during  the  year  1903.  The  amount  of  money,  there- 
fore, which  any  county  is  to  get  in  1903  is  ascertained  in  1902. 
Through  you  every  County  Commissioner  is  informed  of  the 
specific  amount  of  money  that  his  county  is  to  receive,  and  he 
in  turn  knows  definitely,  (as  the  result  of  a  mathematical  cal- 
culation, based  upon  the  average  attendance  of  the  pupils  in 
the  public  schools  of  that  county  or  by  contract),  what  each 
school  is  entitled  to  receive.  The  County  Board  of  Education 
of  every  county  knows,  therefore,  to  a  cent  the  amount  of 
money  the  county  of  said  is  to  receive,  and  the  amount  due  as 
salaries  to  the  teachers  of  that  county.  The  Board  of  Educa- 
tion knows  what  it  is  to  receive,  knows  whom  it  is, to  pay  and 
the  amount  to  be  paid.  The  debts  are  past  due,  the  teachers 
need  and  want  their  money,  the  board  recognizes  the  duty  and 
necessity  of  prompt  payment,  but  is  unable  to  do  so,  because 
the  fuiid  is  not  in  hand  to  pay  with. 

The  proposition  is,  whether  the  board  may  go  to  the  bank  or 
other  persons  having  money  to  lend,  arrange  with  the  bank,  or 
such  person,  to  advance  at  a  reasonable  discount  the  money 
which  the  State  later  on  is  to  pay  the  board  to  pay  the  teachers. 


Extracts  from  Opinions  of  Attorneys-General.      89 

I  understand  you  ask,  whether  the  board  can  borrow  the 
money  under  these  conditions,  and  for  this  purpose.  The  legal 
question  whether  the  board  can  borrow  money  to  pay  teachers, 
is  hardly  involved  in  this  transaction.  It  is  not  borrowing 
m  oney  in  the  sense  of  creating  a  debt.  It  is  a  practical  ques- 
t  ion  and  relates  purely  to  the  wise  administration  of  the  public 
school  fund.  lam  as  clear  in  my  mind  the  Board  of  Education 
has  the  right  to  make  this  arrangement  as  I  am  clear  in  the 
o  pinion  that  the  board  has  the  right  to  do  anything  else  that 
w  ould  add  to  the  efficient  operation  of  the  schools.  Under  sec- 
tion 1363  of  the  Code,  the  County  Boards  of  Education  have 
the  right  to  *'make  all  arrangements  necessary  to  the  efficient 
operation  of  the  schools.''  The  teachers  of  our  public  schools 
of  right  ought  to  be  paid  promptly  as  other  officials  of  the 
State  are  paid.  But,  aside  from  that,  their  prompt  payment 
would  result  in  better,  more  zealous  teachers,  and  in  conse- 
quence, untold  good  to  the  children  generally.  I  believe,  there- 
fore, that  it  is  not  only  the  right  of  the  County  Board  of  Edu- 
cation to  arrange  for  an  advance  of  this  money,  pledging  for 
payment  thereof,  the  fund  to  be  paid  the  County  Board  of  Edu- 
cation later  on  by  the  State,  and  pay  the  teachers  promptly,  but 
the  policy  of  doing  so  has  much  in  it  to  commend. 

Where  this  is  done  I  do  not  see  who  could  complain.  I  as- 
sume, of  course,  the  County  Boards  of  Education  would  faith- 
fully and  honestly  expend  the  sum  thus  borrowed.  Were  they 
to  do  otherwise,  they  would  be  personally  responsible  for  an 
improper  conversion  of  the  fund.  Where  the  fund  is  faithfully 
expended  no  tax  payer  would  have  the  right  to  complain,  and 
no  beneficiary  could  possibly  be  injured  thereby.  See  in  this 
connection  98  Ga.,  pages  696  and  697. 

Grant,  for  the  sake  of  argument,  that  the  quotation  from  sec- 
tion 1363  of  the  Code,  referred  to,  does  not  in  term,  and  of  its 
own  vigor,  carry  the  right  to  borrow  money,  yet  it  is  a  sound 
proposition  of  law  that  where  the  money  of  a  lender  was  act- 
ually applied  to  legitimate  uses,  the  county  could  not,  and  would 
not,  be  heard  to  plead  as  a  defense  the  want  of  authority,  in  its 


11 


90  Compilation  of  Common  SchooIv  Laws. 

officers  to  borrow.     Such  a  defense  would  not  only  be  contrary 
to  law,  but  good  morals  as  well.     See. 94  Ga.  page  488. 

I  am,  therefore,  of  the  opinion  that  the  County  Boards  of 
Education  have  the  right  to  arrange  for  an  advance  with  the 
lender  of  money,  not  in  excess  of  the  deferred  payment  due 
the  county,  and  to  pledge  therefor,  or  to  sign,  or  transfer  the 
amount  to  be  paid  by  the  State  as  security  for  the  money  thus 
advanced. 

Respectfully, 

John  C.  Hart, 
Attorney-General. 

Note  4.    Liimit  of  time  in  using-  school  fund. 

"  The  appropriation  which  the  State  makes  yearly  is,  in  a 
sense,  a  contribution  by  the  people  of  the  State  to  assist  in  the 
education  of  the  children  thereof,  and  a  limitation  of  time  and 
age  is  placed  on  each  beneficiary.  I  recognize  that  it  is  the 
policy  of  the  law-makers  to  clothe  the  several  Boards  of  Edu- 
cation in  this  State  with  almost  supreme  power  in  the  admin- 
istration of  the  public  school  fund  and  to  lodge  ^^ith  the  Board 
such  discretion  is  wise,  but  I  am  persuaded  that  for  a  Board  to 
exercise  the  discretion  to  the  extent  of  using  money  appro« 
priated  one  year  for  another,  would  run  counter  to  the  legisla- 
tive scheme  and  would  be  an  abuse  of  discretion.' ' 
— Extract  from  letter  of  Attorney- General  John  C.  Hart,  July 

Note  5.    School  population  basis  for  apportionment  of  school  funds 
to  local  school  sjrstents. 

I  therefore  advise,  irrespective  of  any  directions  to  the  con- 
trary in  the  Act  creating  the  local  school  systems,  that  you 
adopt  the  rule  of  apportionment  between  the  local  system  and 
the  county,  using  as  a  basis  "  the  proportion  which  the  school 
population  of  the  local  system  bears  to  the  school  popula- 
tion in  the  county."  To  illustrate,  where  the  State  has  set 
apart  $2,000  to  a  county  as  its  pro  rata  part  of  the  public 
school  fund,  and  the  county  has  in  it  school  population  of  2,000 


Extracts  from  Opinions  of  Attorneys-General.       01 

people,  and  within  the  county  is  a  local  system  having  a  school 
population  of  500,  the  prorata  of  money  in  that  case  due  to  the 
ocal  system  is  the  proportion  which  500  bears  to  2,000. 
— Exti'act  from  letter  oj  Attorney- General  John  C  Hart,  August  26^ 
igoj. 


Mute  6*    ]fEarria$!:c  does  not  incapacitate  women  to  teacli  in  public 
scboolw   of   Georg^ia. 


H      '•  I  do  not  think  the  Board  of  Education  is  justified  in  laying 
^  down  the  arbitrary  rule  that  marriage  incapacitates  a  woman  to 

teach    school."  ***:?:  :»cH:** 

H  [  ^'Arule,  therefore,  adopted  by  a  Board  of  Education,  which 
fixes  the  penalty  of  ineligibility  to  teach  as  a  consequence  of 
marriage,  is  arbitrary,  unjust  and  unreasonable.  The  Board 
may  not  have  transcended  the  strict  letter  of  the  law  in  adopt- 
ing the  rule  in  question,  but  it  occurs  to  me  it  is  violative  of 
'  public  policy.'  All  women,  whether  married  or  single,  should 
be  given  equal  opportunities  in  the  pursuit  of  wealth  and  hap- 
piness." 

H  ^Extract  from  letter  of  Aitorjiey-Getieral  John  C.  Hart,  January  75, 

■  |  igo4. 

Note  7.    As^ricnlture  to  be  taug^ht  in  all  common   or  public  schools 
of  tbe  State. 

HI  ',^  The  Act  requires  that  the  elementary  principles  of  agricul- 
ture shall  be  taught  as  thoroughly  and  in  the  same  manner  as 
other  like  required  branches  are  studied  and  taught  in  the 
schools."  *  *  ******* 

It  is  my  opinion  that  the  Act  referred  to  clearly  requires 
that  the  elementary  principles  of  agriculture  shall  be  taught  in 
all  the  common  or  public  schools  in  the  State  of  Georgia, 
whether  under  your  supervision  or  not,  where  the  same  receive 
aid  from  the  State." 

Extract  from  letter  of  Attorney- General  John  C.  Hart^  August  ij ^ 
1904. 


92  Computation  of  Common  Schooiv  Laws. 

Note  8>    Relief  of  Surety  on  county  school  commissioner's  bond. 

"  The  application  of  the  surety  desiring  to  be  relieved  on  the 
County  School  Commissioner's  bond  should  be  addressed  to  the 
Governor,  stating  the  reasons  why  he  should  be  relieved  and 
hould  be  sworn  to.  If  the  Governor  deems  the  reasons  for  the 
relief  of  the  surety  sufficient  he  may  order  the  surety  relieved 
upon  the  condition  that  the  principal  re-executes  a  valid  bond 
satisfactory  to  the  County  Board  of  Education.'' 
— Extract  from  letter  of  Attorney-  General  John  C.  Hart^  September 
14,  igo3. 

Note  9*    School  officials  can  not  discount  claims  of  teachers* 

*'In  reply  to  your  inquiry  this  day  submitted,  viz.,  whether  a 
county  school  commissioner  or  members  of  the  boards  of  edu- 
cation of  this  State  may  buy  up  at  a  discount,  or  in  any  man- 
ner speculate,  in  what  are  known  as  county  orders  or  '^scrip," 
or  contracts  which  are  to  be  paid  out  of  the  public  funds  of 
this  State ;  I  beg  leave  to  say  I  think  such  officers  are  public 
officers  in  the  sense  that  it  is  made  a  misdemeanor  for  them  to 
purchase  such  order,  scrip  or  contract,  as  provided  by  section 
277  of  the  Penal  Code." 

— Extract  from  letter  of  Attorney-  Ge?teral  John  C.  Hart,  November^ 
1905, 


"W 


Extracts  from  Decisions  of  Supreme  Court. 


93 


PART  XVII. 


:XTRACTS   FRO.TI    DECISIOIVS   OF  SUPREME  COURT. 


I 


tote  1.    Bequest  for  board  and  education  includes  clotlies* 

A  child,  to  be  educated,  has  to  be  clothed.  And  it  is  a  gen- 
eral principle  that  a  grant  of  the  end  is  a  grant  of  the  means. 
According  then  to  this  principle,  the  bequest  of  an  education  to 
the  children  was  a  bequest  to  them  of  their  clothes  during  the 
period  of  their  education.     (Georgia  Report,  Vol.  28,  page  370.) 

■ote  2.    Dismissal  by- local  trustees  for  cruel  treatment  of  pupils. 

I  Where,  in  1876,  local  trustees  chosen  by  the  teacher  and  his 
patrons  (conformably  to  the  system  established  by  the  County 
Board  of  Education)  dismissed  the  teacher  for  cruel  treatment 
to  pupils,  and  thereupon  the  matter  was  brought  by  the  teacher 
before  the  Board,  who  after  hearing  evidence  on  both  sides,  ap- 
proved the  action  of  the  trustees,  and  passed  an  order  not  re- 
voking his  license,  but  suspending  him  indefinitely  as  a  teacher 
at  that  particular  place ;  the  decision  of  the  Board  was  upon  a 
matter  of  "local  controversy  in  reference  to  the  construction  or 
administration  of  the  school  law,'^  and  not  being  appealed  from, 
was  binding  upon  all  the  parties. 

For  teaching  done  in  defiance  of  such  decision,  and  pending 
a  possession  of  the  schoolhouse  acquired  by  force,  no  right 
whatever  accrued  to  compensation  out  of  the  common  school 
fund.     (Georgia  Report,  Vol.  61,  page  413.) 


HBlote  3. 


Countjr  school  commissioner  may  be  compelled  by  manda* 
mus  to  audit  a  claim* 


If  this  teacher  was  wrongfully  treated  by  the  Commissioner 
in  the  refusal  to  audit  his  account  so  as  to  give  Board  of  Educa- 
tion jurisdiction,  his  remedy  was  by  mandamus  to  compel  this 
ministerial  officer  to  do  his  duty,  if  it  was  his  duty  to  audit  it. 
(Georgia  Report,  Vol.  67,  page  481.) 


I 


94  CoMPiivATioN  01?  Common  SchooIv  Laws. 

Note  4.    Poiver  to  build  sclioolbouses. 

Unless  there  is  something  in  the  charter  of  a  municipal  cor- 
poration which  forbids  the  building  of  schoolhouses,  the  city 
may  do  so.  This  is  within  the  scope  of  the  general  powers  of 
the  municipal  corporation,  and  is  not  prohibited  by  the  Consti- 
tution of  1877.      (Georgia  Report,  Vol.  73,  page  686.)     * 

Note  5>    Rigrlkt  of  cerlaiii  public  officers  to  make  defense. 

'^  That  a  public  officer  who  has  under  the  law  a  fixed  term  of 
office,  and  who  is  removable  only  for  definite  and  specific  causes, 
can  not  be  removed  without  notice  and  a  hearing  on  the  charge 
or  charges  preferred  against  him,  with  an  opportunity  to  make 
defense."     (Georgia  Report,  Vol.  103,  page  458.) 

Note  6.    Metliods  of  procedure  %vlken  tivo  persons  claim  same  office. 

The  Supreme  Court  has  decided  that  whenever  two  persons 
are  claiming  the  same  office  as  member  of  the  County  Board  of  Ed- 
ucation, and  both  persons  hold  comn;iissions,  "Such  commissions 
would  not  be  conclusive,  but  only  prima  facie  evidence  of  their 
right  to  hold  office.  The  officers  sought  to  be  removed  '^  *  * 
could  compel  those  presenting  the  new  commissions  to  institute 
proper  proceedings  to  test  their  legal  right  to  the  office.  More- 
over, the  writ  of  injunction  does  not  in  such  cases,  lie  against 
an  executive  officer  of  the  State. '^  (Georgia  Report,  Vol.  103, 
page  462.) 

Note  7.    Discretion  in  continuing:  or  discontinuing:  schools. 

The  County  Board  of  Education  of  Richmond  county  has  the 
discretionary  power,  under  the  law,  of  establishing  or  discon- 
tinuing high  schools  at  such  points  in  the  county  as  the  interest 
and  convenience  of  the  people  may  require. 

Under  the  facts  of  this  case,  there  was  no  abuse  of  such  dis- 
cretion by  the  County  Board  in  discontinuing  the  high  school 
established  for  the  colored  race,  although  it  left  in  operation  a 
similar  school  for  white  females  and  contributed  to  the  support 
of  the  high  school  for  white  boys  and  girls,  which,  however,  it 
had  not  established.     (Georgia  Report,  Vol.  103,  page  641.) 


IxTRACTS  FROM  DECISIONS  OF  SUPREMK  CoURT. 


{Vote  8.    Refusal  to  complf  ^viih  reg^ulations. 

The  authorities  of  a  public  school  have  full  power  to  make 
it  a  part  of  the  school  course  to  write  compositions,  and  enter 
into  debates,  and  to  prescribe  that  all  pupils  shall  participate 
therein. 

I  Whether  a  particular  subject  given  by  such  authorities  for 
composition  or  debate  is  suited  to  the  age  and  advancement  of 
the  pupil,  is  a  question  for  determination  by  such  authorities^ 
and  not  by  the  courts. 

Where  a  pupil  has  been  instructed  to  prepare  a  paper  on  such 
a  subject  does  not  do  so,  or  reads  a  paper  prepared  by  her 
father,  and  containing  expressions  which  are  improper  and  dis- 
respectful to  the  teacher,  the  offense  is  twofold  ;  and  although 
the  school  authorities  may  excuse  and  condone  the  preparation 
by  the  father  of  the  paper  actually  read,  and  also  its  reading  by 
the  pupil,  the  latter  may  still  be  punished  for  her  failure  to  her- 
self prepare  a  paper  in  compliance  with  instructions.  If  the 
punishment  imposed  be  the  preparation  of  a  paper  on  the  same 
subject,  at  a  later  date,  and  the  pupil  refuse  to  prepare  it,  such 
pupil  may  be  disciplined  by  expulsion,  or  suspension,  or  other 
proper  punishment.     (Georgia  Report,  Vol.  in,  page  8oi.) 


96  Computation  of  Common  School  Laws. 


PART  XVIII. 

lilST  OF   STATE    EDVC  kTIONAL.    INSTITUTIONS. 

Name  Location  Principal 

CJniversity  of  Georgia Athens Walter  B.  Hill,  Chancellor. 

Georgia  School  of  Technology. .  .Atlanta K.  G.  Matheson,  Chairman 

of  Faculty. 

Georgia  Normal  and  Industrial 
College Milledgeville .  .M.  M.  Parks,  President. 

State  Normal  School Athens E.  C.  Branson,  President. 

North  Georgia  Agricultural  Col- 
lege   Dahlonega G.  R.  Glenn,  President. 

Georgia  School  for  the  Deaf Cave  Spring. . .  W.  O.  Connor,  Principal. 

Georgia  Academy  for  the  Blind. Macon Thos. U. Conner,  Principal. 

Georgia  State  Industrial  College. Savannah R.  R.  Wright,  President. 


BOOKS  ADOPTED  FOR   THE  COMMON 
SCHOOLS  OF  GEORGIA. 


7  8l 


CoMPitAYiON  0^  Common  School  Laws. 


o 


8 
•S 

g 

i 

U 


o 


J2 

O 

o 


11 


C<>(MCCCOeO(M  TTTfi 

s 

COiOTTOOTfCOCOlO 

^2 

s 

oooooooo 

o 

oooooooo 

oo 

o 

oooooooo 


oooooooo      oo 


o 


eJ        O 
^        O 


•  o  •'O     • 

:o      :  ^  : 

:  -i^  ^  :  c  ; 

•  S*.  o  S?  • 

•  ^^^^  • 
'-'  °3  -   -  • 


5    ^    C    3      .M 


O 
.  o 


:  ^ 


<D 


rrt  ?  C  5  O  '^  O  ■_; 


o  o 

J3  S  $  OS  O 


.  -s       ^  t:!  --t! 


r::  cue 


s.5d8>'- 


/l-l  rK  """      '»■'  ,-H   ^^   1^      m     fj 


^  2  =  a> 


Books  Adopted  for  the  Common  Schools. 


99 


00  cq 

do 


9     oB 

,  d     do 


ESSZ 

d  o  o  d 


o 

o  : 

•c  2 

oOQ  o 

^'CL,<  a, 


d£  = 


o^:« 


t-05 


2 

-^  r-  -5=  ad  —  i3 

0^      '-  j/,=  S  ii  *  ««  * 

c  2i  a^^w    .  «  «  3  3 

O  ^  X  ".:§  «  r  5  'B  'E 


x3h 


O 


en  X 


_  a,  O)  a- 

^     ^^B  ^x  2  o,  a  d,  c 
a.-^!  c'c^crooc 

r=  o  2  'i  o :- :-  :^  ir 


++ 


C  C  00  tn 
C  C  *^  •»-' 

0)  ^  a>  o) 

c/1  '/3  r"  H 
bc      t»c  be  tx  be  bC 

c      c  c  c  c  c 


.e    >  >  >  >  u- 


X5 

a. 


00 


SI  « 

O  O 
-M  o 

(h  , 


bC^ 

c  c 


c 

B 
03 


r     Ph 


C 

o 

O 

c 
o 


c-rJ 


'O  efl  *  ^  '^ 

^  .Ti  ii  <u  ca 

^  c  c  «  * 
??  oe  3  «^^ 


S  * 

bC£*a  ?  0) 
C  '2  .-  ^  j= 

o        cc 

£   C   J-  +^   G4 


S;  08  1^  «>  a; 

.r?  —   L.   ^  *<        J3  C*^ 


■  '^  »^  "** «« 


a,  o 

OS*-  -      C*01'- 

^  08  %*Si  bCOJ 

?  ^^^«3 

?  C^  c^  OS 

^  ;:;  Q  cu  «  > 


C  J^.   -  '^  'p 

C 

•;3      -^       08 

c 


100 


CoMPiivATiON  o^  Common  Schooi.  Laws. 


COURSE  OF  STUDY  FOR  THE 

Books  Adopted  by  the  State  School  Book  Commis- 


READING. 

Writing. 

Arithmetic. 

English  Lessons 
AND  Grammar. 

J?'1KST  READER 
CLASSES. 

Wheeler  Primer, 

Holton  Primer. 

(Primers 

optional.) 

Graded 

Literature 

First  Reader 

Copying 

Words 

and 

Sentences 

on  Tablet  or 

Slate. 

Counting  and 

writing  numbers 

to  100. 

Simple  work 

in  Addition 

and 
Subtraction. 

Errors  in  Speech 
corrected. 

SECOND  READER 
CLASSES. 

Graded 

Literature 

Second  Reader. 

(Supplementary 

reading 

optional.) 

Roudebush 
Writing 
System  : 
Book  I. 

Bacon's 

Primary 

and 

Intermediate 

Arithmetic 

to  page  81. 

Sentence  Writing 

Errors  in  Speech 

corrected. 

THIRD  READER 
CLASSES. 

Lee  Reader : 

Book  Three. 

(Supplementary 

reading 

optional.) 

Roudebush 
Writing 
System : 
Book  I. 

Bacon's 

Primary 

and 

Intermediate 

Arithmetic 

to  page  143. 

Hyde's 

English  Lessons : 

Part  One, 

to  page  71 ; 

Part  Third, 

beginning  on 

page  185. 

FOURTH  READER 
CLASSES. 

Lee  Reader : 

Book  Four. 

(Supplementary 

reading 

optional.) 

Roudebush 
Writing 
System : 
Book  II. 

Bacon's 

Primary 

and 

Intermediate 

Arithmetic 

completed. 

Hyde's 

English  Lessons : 

Part  Second, 

Part  Third. 

FIFTH  READER 

CLASSES. 

Lee  Reader : 

Book  Five. 

(Supplementary 

reading 

optional.) 

Roudebush 
Writing 
System : 
Book  II. 

Wentworth's 

Practical 
Arithmetic 
to  page  148. 

Reed  &  Kellogg's 
Graded  Lessons 

in  English 

(Edition  of  1901) 

to  page  157. 

SIXTH  GRADE 

CLASSES. 

Evans'  History 
of  Georgia 
completed. 

(Supplementary 

reading 

optional.) 

Roudebush 
Writing 
System : 
Book  in. 

Wentworth's 

Practical 

Arithmetic 

to  page  223. 

Reed  &  Kellogg's 
Graded  Lessons 

in  English 

(Edition  of  1901) 

completed : 

review  entire 

book. 

SEVENTH  GRADE 
CLASSES. 

Peterman's  Civil 
Government 

Part  I. 
(Literature 
optional.) 

Roudebush 
Writing 
System : 

Book  III. 

Wentworth's 
Practical 
Arithmetic 
completed. 

Review  above 

Books,  or 

Buehler's 

Modern  English 

Grammar. 

EIGHTH  GRADE 
(High  School). 

In  schools  having  High  School    departments    students    should    now 
ology,  Latin,  Algebra,  Physical  Geogra- 

The  Roudebush  System  of  Penmanship  includes  three  styles  of  writing  :    Vertical,  Semi-Slant 
This  Course  of  Study  indicates  the  order  in  which  the  text-books  should  be  studied.     The  time 

Sixth  and  Seventh  divisions  may  require  eight,  nine  or  ten  months. 
In  schools  having  only  one  teacher,  it  may  be  necessary  to  alternate  two  studies. 
Composition  work  should  be  stressed  ;  letters,  sketches,  essays,  written  exercises  in  oonnec- 
Require  every  pupil  to  take  the  annual  written  examinations.    Those  pupils  of  the  Seventh 

annual  examinations,  will  receive  a  Certificate. 


Books  Adopted  for  ThB  Common  Schools. 
(:OMIVION  SCHOOLS  OF  GEORGIA. 

Ion  for  Five  Years,  Beginniag  January  J,  J904. 


History  and 
Civics. 


Stories  told  by 
the  teacher. 


Oral 

Reproduction 

of  Stories. 


Written 

Reproduction 

of  Stories. 


II 


Beprinner's 

History  of 

Our  Country. 


It 


Evans'  History 
of  Geor^ria 
to  pase  180. 


Field's  History 

of  United  States 

to  pasre  214. 


K 


Field's  History 
of  United  States 

completed. 
Peterman's  Civil 

"Government. 
[Georsria  Edition) 

Part  I  and  H. 


Spelling. 


Words  from 

the  Reading 

Lessons. 


Branson's 
Speller 

Book  I.  to 
page  40. 


Branson's 
Speller. 
Book  I.  to 
70. 


Branson's 
Speller 
Book  I. 

completed. 


Swinton's 

Word  Book  to 

page  43. 


Swinton's 
Word  Book 
to  page  91. 


Swinton's 

Word  Book 

completed 


Geography. 


Oral  Work 

in 

Nature  Study. 


Oral  Work 
in 
Nature  Study, 
Home  Geog- 
raphy, etc. 


Frye's 

Elementary 

Geography 

to  page  87. 


Frye's 

Elementary 

Geography 

completed. 


Frye's 
Higher  Geogra- 
phy to  chapter  Gi 
page  106  and 

Georgia 
Supplement. 


Frye's 
Higher  Geogra- 
phy completed. 
Review  pages 
1  to  33. 
Use  Topical  Index 
page  6. 


Physiology. 


Training 

of  the 

Five  Senses. 


Proper  Care 

and  Training 

of  the  Body; 

Food  and 

Digestion. 


Hutcheson's 
Lessons  in 
Physiology 

and  Hygiene. 


Application 

of  Laws  of 

Hygiene, 

Physical 

Culture. 


Conn's 
Elementary 
Physiology. 


Agriculture. 


Lessons  on  Soils,  Rocks 
and  Minerals.     Germi- 
nation of  Seed;  Varie- 
ties,  Growth,  Care  and 
Uses  of  Trees. 
Habits  and  Treatment 
of  Animals. 


Fruit    Trees:      Budding 

and  Grafting, 
Insects  of  Field,  Orchard 

and  Garden.     Have 

pupils  display  models 

and  drawings  of   farm 

implements. 


Hunnicutt's 

Agriculture  for  the 

Common  Schools. 


Simple  Experiments 
in  Physics  and  Chem- 
istry.    Chemistry  of 
Cooking. 


ke    up    Rhetoric,    English    Literature,    Milne's    Standard    Arithmetic    Coleman's    Physi- 
phy.  General  History,  etc.,  and  review  Buehler's  Grammar. 

and  Slant.     Any  of  these  styles  may  be  used.     (The  Semi-slant  is  recommended.) 

required  to  complete  each  division  of  the  work  will  vary.    The  work  in  each  of  the  Fourth,  Fifth. 


jn  with  the  regular  lessons. 

le,  the  highest  errade  in  the  common  schools,  who  make  an  average  of 


per  cent,  in  the 


r..",;;- 


INDEX. 


Agriculture  to  be  taught  in  common  schools 42 

Appeals  to  State  Board  of  Education  6 

Appeals  to  State  School  Commissioner 17 

Appeals  to  County  Board  of  Education 17 

Apportionment  of  school  fund 22 

Arbor  Day 41 

Attorney-General,  Member  of  State  B  )ard  of  Education 5 

Attorneys-General,  extracts  from  official  opinions  of 87 

Bible  can  not  be  excluded  from  common  schools 80 

Binding  out  children,  law  for 42 

Bird  law 43 

Books  adopted  for  the  common  schools  of  Georgia 98 

Books,  adoption  of 49 

Census,  school 37 

Child  Labor  Law 71 

Civil  Government  to  be  taught  in  common  schools 42 

Clerk  of  State  School  Commissioner  5 

Clerk  of  Superior  Court  certifies   to  election   of   member  of  County 

Board  of  Education 12 

Comptroller-General  member  of  State  Board  of  Education 5 

Comptroller-General,  duties  of  in  making  estimate  of  school  fund. 22, 23,  24 

Contracts  with  teachers  14 

County  Board  of  Education,  selection,   qualification,   term  of  office, 

compensation 11 

County  Board  of  Education,  officers,  sessions. 12 

County  Board  of  Education  a  judicial  tribunal  17 

County  Board  of  Education,  members  can  administer  oaths 20 

County  School  Commissioner,  term  of  office,  examination,  bond,  oath  18 

County  School  Commissioner,  removal  from  office,  successor 19 

County  School  Commissioner,  duties,  compensation   19 

Cv)unty  School  Commissioner,  office  to  be  furnished 20 

County  School  Commissioner,  authorized  to  administer  oaths 20 

County  School  Commissioner,  reports  to  Grand  Jury 21 

County  Institutes 31 

County  line  schools 39 

County  School  Commissioner  makes  monthly  itemized  statements 22 

County  School  Commissioner,  claims  for  services 20 

Course  of  study  for  the  common  schools  of  Georgia  100,  101 

Days  to  be  observed  by  appropriate  exercises 48 

Disbursement  of  school  funds 22,  24 

Donations  for  educational  purposes 5 


I 


li^ 


employment  of  teachers iBHHr. 13 

pvening  schools 40 

Examination  of  applicants  for  teacher's  license S8 

Examination,  special,  of  applicants  for  teacher's  license 31 

Exemption  of  school  property  from  taxation AO 

Failure  to  put  schools  in  operation 27 

General  Assembly,  may  invest  donations  6 

General  Assembly,  may  substitute  other  officers  for  State  School  Com- 

.       missioner 8 

Grand  Jury,  elects,  recommends  removal  of,  members  of  County  Board 

^       of  Education 11 

Grand  Jury,  duty  of  in  matter  of  report  of  County  School  Commissioner  21 

Governor  of  State,  issues  warrants  on  school  fund 23 

Governor  of  State,  member  of  State  Board  of  Educatiou 5 

Infectious  diseases,  isolation  and  quarantine  in  cases  of 47 

Institutes,  county 31 

Itemized  statements  of  County  School  Commissioner 22 

Itemiaed  expense  account  of  Department  of  Education 9 

Judges  of  Superior  Court,  removal  and  appointment  of  members  of 

County  Boards  of  Education  by 12 

License,  to  bear  seal  of  County  Board  of  Education 20 

License,  each  teacher  must  hold 33 

License,  granted  by  County  Board  of  Education 34 

License,  how  made  good  in  other  counties 34 

License,  counterfeiting,  etc 35 

License,  revocation  of 35 

License,  permanent 35 

Local  school  systems    24,  40 

Local  taxation  for  school  purposes  for  district  schools  and  municipali- 
ties    63,  67 

ocal  taxation  by  counties 63,  66 

Location  of  schools • 63 

Long  term  schools  ...   16,  17,  29 

Manual  labor  schools 40 

Minutes  of  County  Board  open  to  inspection 13 

New  counties,  schools  in 46 

Oaths  can  be  administered  by  school  olTicers 20 

Ordinary  can  approve  accounts  of  members  of  County  Board  of  Educa- 
tion for  services 12 

Physiology  and  hygiene  to  be  taught  in  common  schools 41 

Races,  to  be  taught  separately 16 

Reformatory,  State 73 

Report  of  State  School  Commissioner 9 

Reports  of  teachers 14 

Salary,  County  Board  of  Education  may  employ  teachers  at 24 

Scholastic  month,  definition  of 40 

School  districts,  each  county  one n 


l_ 


104  '  Indi^x. 

Schoolhouses,  building  of 36 

Schools,  sub-districts 13 

School  property 16 

School  property,  exemption  from  taxation 40 

School  fund,  apportionment  of  22 

School  fund,  estimate  of 25 

School  fund,  sources  of 25 

School  fund,  prompt  disbursement  of 22 

School  fund,  relief  of  forfeiture  of 27 

School  fund,  proportion  of  each  county,  how  determined 22 

School  fund,  when  not  sufficient  to  pay  total  indebtedness  of  any  item- 
ized statement 23 

School  fund  kept  separate  and  used  only  for  school  purposes 22,  26 

School  grounds,  four  acres  not  taxed 40 

School  term,  length  and  time  of  public,  regulated  by  Count|r  Board  of 

Education 16,  24 

School  year,  coincident  with  calendar  year 23 

Seal  of  State  Board  of  Education  5 

Secretary  of  State,  member  of  State  Board  of  Education 5 

State  Board  of  Education,  members,  officers,  meetings 5 

State  Board  of  Education,  extracts  from  decisions  and  instructions  of.  85 

State  educational  institutions,  list  of 96 

State  School  Commissioner,  member  of  State  Board  of  Education 5 

State  School  Commissioner,  how  chosen,  duties  of 8,  22 

State  School  Commissioner,  oath 9 

State  School  Commissioner,  extracts  from  decisions  and  instructions  of  80 
State  Treasurer,  duties  of  in  making  estimate  of  and  in  disbursement 

of  school  fund 22,  23 

Sub-district  or  county  line,  pupils  crossing 39 

Supreme  Court,  extract  from  decisions  of 93 

Tax  Collectors,  collect  school  tax  in  counties  and  districts  levying  local 

school  tax 66 

Tax  Collectors,  report  school  funds  separately 26 

Teachers,  employed  by  County  Boards  of  Education 13 

Trustees  of  Common  Schools 13, 15,  70 

Uniform  Text-Book  Law 49 

Vaccination  of  Pupils 17 


•^8rfj>G 


/-^ 


YC  0AS62 


UNIVERSITY  OF  CALIFORNIA  UBRARY 


mx 


